West v. Fischer et al, No. 1:2015cv00647 - Document 55 (W.D.N.Y. 2019)
Court Description: DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's 54 Report and Recommendation. Defendants' 51 motion for summary judgment is granted. The Clerk of Court shall enter Judgment dismissing the action in its entirety as ag ainst each defendant. A copy of the Decision and Order, along with this entry, have been mailed to James M. West, 89-A-6906, FIVE POINTS CORRECTIONAL FACILITY, Box 119, Romulus, NY 14541. SO ORDERED. Signed by Hon. Richard J. Arcara on 3/19/2019. (LAS)-CLERK TO FOLLOW UP-
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West v. Fischer et al Doc. 55 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JAMES M. WEST, Plaintiff, DECISION AND ORDER 15-CV-647-A v. MICHAEL SHEAHAN and LT. ANDREW GIANNINO, Defendants. The above-referenced case was referred to Magistrate Judge Michael J. Roemer for the conduct of pretrial proceedings pursuant to 28 U.S.C. § 636(b). On February 14, 2019, Magistrate Judge Roemer filed a Report and Recommendation (Dkt. No. 54) recommending that defendants’ motion under Fed. R. Civ. P. 56 for summary judgment (Dkt. No. 51) be granted. The Court has carefully reviewed the Report and Recommendation, the record in this case, and no objections to the Report and Recommendation having been timely filed, it is hereby ORDERED, pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in the Report and Recommendation, the summary judgment motion filed by defendants Michael Sheahan and Lt. Andrew Giannino (Dkt. No. 51) is granted; and it is further ORDERED, that the Clerk of the Court shall enter Judgment in favor of each defendant; and . Dockets.Justia.com ORDERED, that the Clerk of the Court shall close the case. SO ORDERED. __s/Richard J. Arcara___________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: March 19, 2019 2
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