Miller v. New York State Police et al
Filing
114
DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's 95 Report and Recommendation. Defendants' 74 76 summary judgment motions are granted, and the Clerk of the Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 11/3/2020. (LAS)-CLERK TO FOLLOW UP-
Case 1:14-cv-00393-RJA-LGF Document 114 Filed 11/03/20 Page 1 of 2
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
LETHONIA MILLER,
Plaintiff,
DECISION AND ORDER
14-CV-393-A
v.
NEW YORK STATE POLICE, et al.,
Defendants.
This case involving claims of race discrimination in employment and
retaliation was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C.
§ 636(b)(1) for the conduct of pretrial proceedings. Discovery was completed and
on August 22, 2019, Magistrate Judge Foschio filed a Report and Recommendation
(Dkt. No. 95) recommending that the motions of defendants New York State Police,
Francis P. Christensen, and Kevin Kendall for summary judgment pursuant to Fed.
R. Civ. P. 56(c) (Dkt. Nos. 74, 76) be granted. The Magistrate Judge determined
that no trial is necessary to conclude that plaintiff Miller is unable to prove any of his
claims.
Plaintiff Miller filed objections to the Report and Recommendation (Dkt. Nos.
98, 103, 104, and 106) and the defendants responded (Dkt. Nos. 101, 102, 107 and
108). The Court heard oral argument on August 14, 2020.
The Court presumes the parties’ familiarity with the evidentiary record and the
legal issues before the Court. Upon de novo review of the objections of plaintiff
Case 1:14-cv-00393-RJA-LGF Document 114 Filed 11/03/20 Page 2 of 2
Miller, the Court finds that, when plaintiff’s objections are assessed in a light most
favorable to plaintiff, and in light of the relevant evidence in admissible form, no
genuine issues of material fact exist with respect to plaintiff 's claims. The Court
therefore adopts the Report and Recommendation (Dkt. No. 95) and grants the
motions of defendants New York State Police, Francis P. Christensen, and Kevin
Kendall for summary judgment pursuant to Fed. R. Civ. P. 56(c) (Dkt. Nos. 74, 76),
for the reasons stated in the Report and Recommendation.
The Clerk shall enter Judgment for defendants New York State Police,
Francis P. Christensen, and Kevin Kendall and close the case.
IT IS SO ORDERED.
__s/Richard J. Arcara________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: November 3, 2020
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