Cato v. Ramos

Filing 26

DECISION AND ORDER granting 7 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendation re 20 . Signed by Hon. Richard J. Arcara on 9/19/2012. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JASON CATO, 01B2333,
Plaintiff,
ORDER
11-CV-300A

v.
CARLOS RAMOS, GOWANDA
CORRECTIONAL FACILITY,
Defendant.

The above-referenced case was referred to Magistrate Judge Hugh B.
Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On August 10, 2012, Magistrate Judge
Scott filed a Report and Recommendation, recommending that defendant's motion to
dismiss the complaint 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 Scott’s Report and Recommendation, defendant's motion
to dismiss the complaint 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: September 19, 2012