Lewis v. Gowanda Correctional Facility et al

Filing 77

DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's Report and Recommendation 71 . Defendants' 61 Rule 56 motion for summary judgment is granted. The Clerk of Court shall enter judgment on behalf of the defendants and take all steps necessary to close the case. A copy of the Decision and Order has been mailed to Alfredo Lewis, 429 Fenimore Avenue, Uniondale, NY 11553. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/1/18. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ALFREDO LEWIS,
Plaintiff,
DECISION AND ORDER
15-CV-168-A

v.
LYNN WASIELEWSKI, REBECCA McDANIEL
PAUL BURKE, DENNIS BECKER and
SABATO PARISI,
Defendants.

This pro se civil rights case was referred to Magistrate Judge Michael J.
Roemer for the conduct of pretrial proceedings pursuant to 28 U.S.C. § 636(b)(1).
On July 10, 2018, the Magistrate Judge filed a Report and Recommendation (Dkt.
No. 71) recommending that defendants’ motion for summary judgment pursuant to
Fed. R. Civ. P. 56 (Dkt. No. 61) be granted.
On September 10, 2018, pro se plaintiff Alfredo Lewis filed objections to the
Report and Recommendation. (Dkt. No. 75). Defendants filed a response on
September 10, 2018. (Dkt. No. 76). Oral argument is unnecessary.
Pursuant to 28 U.S.C. §636(b)(1), this Court must make a de novo
determination of those portions of the Report and Recommendation to which
pro se plaintiff Lewis has objected. Upon de novo review after reviewing the
submissions of the parties, the Court adopts the Magistrate Judge’s findings and
conclusions. It is therefore

ORDERED, pursuant to 28 U.S.C. § 636(b)(1), and for the reasons stated in
the Report and Recommendation (Dkt. No. 71), that the defendants’ Rule 56 motion
for summary judgment (Dkt. No. 61) is granted. The Clerk of the Court shall enter
judgment on behalf of defendants Lynn Wasielewski, Rebecca McDaniel, Paul
Burke, Dennis Becker, and Sabato Parisi and shall close the case.
IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: October 1, 2018

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