Candelaria v. Baker, et al

Filing 127

ORDER granting 102 Motion for Summary Judgment; granting 114 Motion for Summary Judgment; adopting Report and Recommendation re 126 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 3/5/2010. (JMB)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

JUAN CANDELARIA, Plaintiff, ORDER 00-CV-912A

v. R. BAKER, et al., Defendants.

The above-referenced case was referred to Magistrate Judge H. Kenneth S c h ro e d e r, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On February 9, 2010, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendants' motions for summary judgment be granted and that the third amended complaint be dismissed in its entirety. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Schroeder 's Report and Recommendation, defendants' motions for summary judgment are granted and the third amended complaint is dismissed in its entirety. The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: March 5, 2010