Long v. Crowley et al

Filing 51

ORDER denying 32 Motion for Summary Judgment; granting 37 Motion for Summary Judgment; adopting Report and Recommendation re 50 . Clerk of court to close case. Signed by Hon. Richard J. Arcara on 4/10/2012. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

HERBERT LONG,
Plaintiff,
ORDER
09-CV-456A

v.
KAREN CROWLEY, Deputy Superintendent
of Programs, and
HELEN C. MILLER, Senior Mail Clerk,
Defendants.

The above-referenced case was referred to Magistrate Judge Leslie G.
Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). Plaintiff filed a motion for summary
judgment on June 13, 2011 and defendants filed a motion for summary judgment on
July 29, 2011. On March 22, 2011, Magistrate Judge Foschio filed a Report and
Recommendation, recommending that plaintiff's motion for summary judgment be
denied and that defendants' motion for summary judgment 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 Foschio’s Report and Recommendation, plaintiff's motion
for summary judgment is denied and defendants' motion for summary judgment is
granted.
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:April 10, 2012