Bartlomiejczak v. Erie County Correctional Fac. et al

Filing 43

ORDER adopting Report and Recommendation re 40 Report and Recommendations.; granting 26 Motion for Summary Judgment; denying 29 Motion for Summary Judgment. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 3/22/2011. (JMB)

Bartlomiejczak v. Erie County Correctional Fac. et al

Doc. 43

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

GARY BARTLOMIEJCZAK, Plaintiff, ORDER 08-CV-831A

v. DONALD LIVINGSTON and TIMOTHY HOWARD, Defendants.

The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On February 4, 2011, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendants' motion for summary judgment be granted and plaintiff's motion for summary judgment be denied. 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' motion for summary judgment is granted and plaintiff's motion for summary judgment is denied.

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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 22, 2011