Garno v. Ruger et al

Filing 49

DECISION AND ORDER adopting Magistrate Judge H. Kenneth Schroeder, Jr.'s 48 Report and Recommendation. Defendants' 41 motion for summary judgement is granted, and pro se plaintiff's 45 motion to dismiss the defendants&# 039; summary judgment motion is denied. The Clerk of Court shall take all steps necessary to close the case. A copy of the Decision and Order along with this entry have been mailed to Greg Garno, 15-B-0533, CLINTON CORRECTIONAL FACILITY, Box 2001, Dannemora, NY 12929. SO ORDERED. Signed by Hon. Richard J. Arcara on 9/12/2019. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

GREG GARNO, 15-B-0533,
Plaintiff,
DECISION AND ORDER
14-CV-239-A

v.
CLAY RUGER,
RONALD SPIKE,
JASON COOK, and
THE COUNTY OF YATES,
Defendants.

This pro se civil rights case was referred to Magistrate Judge H. Kenneth
Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial
proceedings. On March 29, 2019, Magistrate Judge Schroeder filed a Report and
Recommendation (Dkt. No. 48), recommending that defendants’ motion for summary
judgment (Dkt. No. 41) pursuant to Fed. R. Civ. P. 56 be granted, and that plaintiff
Garno’s motion to dismiss the defendants’ summary judgment motion (Dkt. No. 45) be
denied.
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 the Report and Recommendation, defendants’ motion for summary judgment (Dkt.
No. 41) is granted, and pro se plaintiff’s motion to dismiss the defendants’ summary
judgment motion (Dkt. No. 45) is denied.

The Clerk of Court shall take all steps necessary to close the case.
IT IS SO ORDERED.

__s/Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: September 12, 2019

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