United States District Court, W.D. New York
June 24, 2005.
TERRELL ELEBY, Plaintiff,
R.E. SIMMONS, et al., Defendants.
The opinion of the court was delivered by: RICHARD ARCARA, District Judge
This case was referred to Magistrate Judge Hugh B. Scott
pursuant to 28 U.S.C. § 636(b)(1), on January 10, 2003. On
January 14, 2005, defendants filed a renewed motion for summary judgment. On
April 11, 2005, Magistrate Judge Scott filed a Report and Recommendation,
recommending that defendants' motion be granted.
Plaintiff filed objections to the Report and Recommendation on June 1,
2005. Defendants filed a response to the objections on June 21, 2005.
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 objections have been made. Upon a de
novo review of the Report and Recommendation, and after
reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the
Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge
Scott's Report and Recommendation, defendants' motion for summary
judgment is granted. The Clerk of Court is directed to take all
steps necessary to close the case.
IT IS SO ORDERED.
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