Anderson v. Annucci et al

Filing 24

DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's Report and Recommendation 23 . Defendants' motion for summary judgment 22 is granted, and plaintiff's Complaint is dismissed. The Clerk of Court shall enter Judgment in favor of the defendants and take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 1/27/17. (LAS)-CLERK TO FOLLOW UP-

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ROMERO ANDERSON, 06-A-0077, Plaintiff, DECISION AND ORDER 14-CV-192-A v. ANDREW S. PEDALTY. S. Sgt., ANTHONY SPAHALSKI, Corr/Off, SEAN F. DAVIS, Corr/Off, Defendants. This case was referred to Magistrate Judge Michael J. Roemer pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On December 16, 2016, Magistrate Judge Roemer filed a Report and Recommendation (Dkt. No. 23), recommending that defendants’ motion for summary judgment pursuant to Fed. R. Civ. P. 56 (Dkt. No. 22) be granted, and that plaintiff’s Complaint be dismissed. The Court has carefully reviewed the Report and Recommendation, the record in this case, and no objections having been timely filed, it is hereby ORDERED, pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Roemer’s Report and Recommendation, defendants’ motion for summary judgment is granted, and plaintiff’s Complaint is dismissed The Clerk of Court shall enter Judgment in favor the defendants and take all steps necessary to close the case. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: January 27, 2017 2

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