Scott v. Howard et al

Filing 162

DECISION AND ORDER adopting Magistrate Judge Leslie G. Foschio's 156 Report and Recommendation. Defendants' 142 Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56 is granted. The Clerk of the Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/13/2021. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
RANDOLPH SCOTT,

Plaintiff,
DECISION AND ORDER
15-CV-1000-A

v.
TIMOTHY B. HOWARD, Sheriff, and
COUNTY OF ERIE, as “Person,”
Defendants.

This case was referred to Magistrate Judge Leslie G. Foschio pursuant to
28 U.S.C. ' 636(b)(1) for the conduct of pretrial proceedings.

On October 26,

2020, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No.
156), recommending that Defendants’ motion for summary judgment pursuant to
Fed. R. Civ. P. 56 (Dkt. No. 142) be granted.
On November 13, 2020, plaintiff Randolph Scott, who is appearing pro se,
filed objections to the Report and Recommendation.

Dkt. No. 157.

filed a response on January 7, 2021.

No reply was filed, and the

Dkt. No. 161.

Defendants

matter was deemed submitted without oral argument.
Pursuant to 28 U.S.C. '636(b)(1), the Court reviews the portions of a
magistrate judge’s report and recommendation to which objections are made by
a de novo standard of review.

Upon de novo review, and for the reasons stated

in the Report and Recommendation, the Court adopts the conclusion in the

Report and Recommendation, and it is hereby
ORDERED that Defendants’ motion for summary judgment pursuant to
Fed. R. Civ. P. 56 (Dkt. No. 142) is granted. The Clerk of the Court shall enter
judgment for the Defendants and 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:

May 13, 2021

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