Crosby v. United States of America

Filing 21

ORDER granting 19 Motion to Dismiss; adopting Report and Recommendation re 20 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 5/1/2009. (JMB)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

EDW IN H. CROSBY, Plaintiff, ORDER 07-CV-478A

v. UNITED STATES OF AMERICA, Defendant.

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 April 13, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion to dismiss be granted. 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, defendant's motion to dismiss is granted.

SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: May 1, 2009