Rickard v. Western New York Independent Living Project, Inc.

Filing 11

ORDER granting 3 Motion to Dismiss; adopting Report and Recommendation re 9 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 5/22/2009. (JMB)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

MICHAEL W. RICKARD, II, Plaintiff, ORDER 08-CV-674A

v. W ESTERN NEW YORK INDEPENDENT LIVING PROJECT, INC., 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 30, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) 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 the complaint is granted and the complaint is dismissed in its entirety. The Clerk of Court is directed to enter judgment in favor of defendant and close the case.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: May 22 , 2009