Scott v. Howard et al, No. 1:2015cv01000 - Document 162 (W.D.N.Y. 2021)

Court Description: DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's 156 Report and Recommendation. Defendants' 142 Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56 is granted. The Clerk of the Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/13/2021. (LAS)-CLERK TO FOLLOW UP-

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Scott v. Howard et al Doc. 162 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK RANDOLPH SCOTT, Plaintiff, DECISION AND ORDER 15-CV-1000-A v. TIMOTHY B. HOWARD, Sheriff, and COUNTY OF ERIE, as “Person,” Defendants. This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. ' 636(b)(1) for the conduct of pretrial proceedings. On October 26, 2020, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No. 156), recommending that Defendants’ motion for summary judgment pursuant to Fed. R. Civ. P. 56 (Dkt. No. 142) be granted. On November 13, 2020, plaintiff Randolph Scott, who is appearing pro se, filed objections to the Report and Recommendation. Dkt. No. 157. filed a response on January 7, 2021. No reply was filed, and the Dkt. No. 161. Defendants matter was deemed submitted without oral argument. Pursuant to 28 U.S.C. '636(b)(1), the Court reviews the portions of a magistrate judge’s report and recommendation to which objections are made by a de novo standard of review. Upon de novo review, and for the reasons stated in the Report and Recommendation, the Court adopts the conclusion in the Dockets.Justia.com Report and Recommendation, and it is hereby ORDERED that Defendants’ motion for summary judgment pursuant to Fed. R. Civ. P. 56 (Dkt. No. 142) is granted. The Clerk of the Court shall enter judgment for the Defendants and take all steps necessary to close the case. IT IS SO ORDERED. ___s/Richard J. Arcara______ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: May 13, 2021 2

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