Tinnell v. Invacare Corporation

Filing 39

ORDER granting 34 Motion to Dismiss; adopting Report and Recommendation re 38 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 5/12/2011. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

NICOLE TINNELL,
Plaintiff,
ORDER
10-CV-079A

v.

INVACARE CORPORATION,
Defendant.

The above-referenced case was referred to Magistrate Judge Leslie G.
Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On April 21, 2011, Magistrate Judge
Foschio 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 Foschio’s Report and Recommendation, defendant's
motion to dismiss is granted.
The Clerk of Court shall take all steps necessary to close the case.///SIG
SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: May 12, 2011