Ruggiero v. Fischer et al

Filing 99

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 74 . Defendants' motion to dismiss Plaintiff's claim for declaratory relief 57 is granted. A copy of the Decision and Order and a copy of this docket entry have been mailed to Anthony Ruggiero, 99-A-4419, ELMIRA CORRECTIONAL FACILITY, PO Box 500, 1879 Davis St., Elmira, NY 14901-0500. SO ORDERED. Signed by Hon. Richard J. Arcara on 1/20/2018. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ANTHONY RUGGIERO,
Plaintiff,
DECISION AND ORDER
15-CV-962-A

v.
BRIAN FISHER, et al.,
Defendants.

This case was referred to Magistrate Judge Jeremiah J. McCarthy pursuant to
28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On August 25, 2017,
Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 74)
recommending that Defendants’ motion to dismiss Plaintiff Ruggiero’s claim for
declaratory relief (Dkt. No. 57) be granted.
The Court has carefully reviewed the Report and Recommendation, the record
in this case, and no objections to the Report and Recommendation 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 McCarthy’s Report and Recommendation, Plaintiff Ruggiero’s claim
for declaratory relief is dismissed.
IT IS SO ORDERED.
____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: January 16, 2018

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