Ruggiero v. Fischer et al, No. 1:2015cv00962 - Document 99 (W.D.N.Y. 2018)
Court Description: DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 74 . Defendants' motion to dismiss Plaintiff's claim for declaratory relief 57 is granted. A copy of the Decision and Order and a copy of this docket entry have been mailed to Anthony Ruggiero, 99-A-4419, ELMIRA CORRECTIONAL FACILITY, PO Box 500, 1879 Davis St., Elmira, NY 14901-0500. SO ORDERED. Signed by Hon. Richard J. Arcara on 1/20/2018. (LAS)
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Ruggiero v. Fischer et al Doc. 99 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ANTHONY RUGGIERO, Plaintiff, DECISION AND ORDER 15-CV-962-A v. BRIAN FISHER, et al., Defendants. This case was referred to Magistrate Judge Jeremiah J. McCarthy pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On August 25, 2017, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 74) recommending that Defendants’ motion to dismiss Plaintiff Ruggiero’s claim for declaratory relief (Dkt. No. 57) 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 Magistrate Judge McCarthy’s Report and Recommendation, Plaintiff Ruggiero’s claim for declaratory relief is dismissed. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: January 16, 2018 Dockets.Justia.com 2
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