Summary
denying plaintiff two to three meals and bedding for a full day did not violate Eighth Amendment
Summary of this case from Felmine v. City of New YorkOpinion
9:07-CV-0506 (LEK/DRH).
March 17, 2010
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on February 25, 2010, by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. Dkt. No. 48.
Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Homer's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 48) is APPROVED and ADOPTED in its entirety; and it is further
ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 42) is GRANTED; and it is further
ORDERED, that Plaintiff's Cross-Motion for summary judgment (Dkt. Nos. 44) is DENIED; and it is further
ORDERED, that Plaintiff's Complaint (Dkt. No. 1) in this action is DISMISSED in its entirety; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.