Tubbins v. Wrest et al

Filing 26

DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's Report and Recommendation 25 . Defendants' motion for summary judgment 19 is granted. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/7/16. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

CHARLES TUBBINS,
Plaintiff,
DECISION AND ORDER
14-CV-409A

v.
PATRICIA WREST, Individually and in her
Official Capacity as a Police Officer of the
Buffalo Police Department,
SCOTT R. MALEC, Individually and in his
Official Capacity as a Police Officer of the
Buffalo Police Department,
BUFFALO POLICE DEPARTMENT, and
THE CITY OF BUFFALO,
Defendants.

This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28
U.S.C. § 636(b)(1)(B). On October 11, 2016, Magistrate Judge Foschio filed a Report
and Recommendation (Dkt. No. 25), recommending that Defendants’ motion for
summary judgment (Dkt. No. 19) be granted. The Plaintiff has not filed objections to
Judge Foschio’s recommendation.
The Court has carefully reviewed the Report and Recommendation, the record in
this case, and the pleadings and materials submitted by the parties. Based on the
Court’s review, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth
in Judge Foschio’s Report and Recommendation, Defendants’ motion for summary
judgment is granted
The Clerk of Court shall take all steps necessary to close the case.

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: December 7, 2016