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Roxanne La Martina v. Brian Fischer

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


April 17, 2013

ROXANNE LA MARTINA, PLAINTIFF,
v.
BRIAN FISCHER, INDIVIDUALLY AND AS COMMISSIONER OF THE STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES; DAVID M. UNGER, AS SUPERINTENDENT OF THE ORLEANS CORRECTIONAL FACILITY; JEFFREY HOLLOR, INDIVIDUALLY AND AS HEAD COOK; ERNEST LOWERRE, INDIVIDUALLY AND AS FOOD SERVICE ADMINISTRATOR II; STATE OF NEW YORK; AND STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES, DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard J. Arcara United States District Judge

ORDER

The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On March 19, 2013, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendants' motion to dismiss plaintiff's claims against the State of New York, and against individual defendants Brian Fisher, David M. Unger, Jeffrey Hollor, and Ernest Lowerre in their entirety be granted.

The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby

ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, defendants' motion to dismiss plaintiff's claims against the State of New York, and against individual defendants Brian Fisher, David M. Unger, Jeffrey Hollor, and Ernest Lowerre in their entirety is granted.

SO ORDERED.

Richard J. Arcar a

20130417

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