Excell v. Burge

Full title: MORTIMER EXCELL, Plaintiff, v. J.W. BURGE, et al., Defendants

Court: United States District Court, N.D. New York

Date published: Sep 25, 2008

9:05-CV-1231 (LEK/GJD) (N.D.N.Y. Sep. 25, 2008)

Opinion

9:05-CV-1231 (LEK/GJD).

September 25, 2008

DECISION AND ORDER

LAWRENCE KAHN, District Judge

This matter comes before the Court following a Report-Recommendation filed on September 10, 2008, by the Honorable Gustave J. DiBianco, 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. 52).

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 DiBianco'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. 52) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 39) is GRANTED IN PART, and that the complaint is DISMISSED in its ENTIRETY as against Defendants Head and Rourke; and it is further

ORDERED, that Plaintiff's First Cause of Action is DISMISSED as against Defendants Hess, Devito, Bray, and Sourwine; and it is further

ORDERED, that the Defendants' Motion for summary judgment (Dkt. No. 39) is DENIED in all other respects; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.