Treadway v. Voutour

Filing 47

ORDER denying defendant's motion for summary judgment on the merits of the failure to treat claim but granting defendant's motion for summary judgment for lack of defendant's personal involvement; adopting Report and Recommendation re 46 .Clerk of Court to close case. CLERK TO FOLLOW UP. Signed by Hon. Richard J. Arcara on 10/16/2012. (JMB)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ROBERT C. TREADWAY, JR., Plaintiff, ORDER 10-CV-0042A v. SHERIFF JAMES R. VOUTOUR, Defendant. The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 27, 2012, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion for summary judgment be denied on the merits of the failure to treat claim, but granted for lack of defendant's personal involvement. 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, defendant's motion for summary judgment is denied on the merits of the failure to treat claim, but is granted for lack of defendant's personal involvement. 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:October 16, 2012

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?