Opinion
9:12-CV-724 (FJS/CFH)
04-12-2013
JAMONT JOSEPH, Plaintiff, v. EDWARD FAGAN, Correctional Officer, Auburn Correctional Facility, Defendant.
JAMONT JOSEPH 06-A-3514 Southport Correctional Facility Plaintiff pro se OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL The Capitol Attorneys for Defendant OF COUNSEL DOUGLAS J. GOGLIA, AAG
APPEARANCES
JAMONT JOSEPH
06-A-3514
Southport Correctional Facility
Plaintiff pro se
OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Attorneys for Defendant
OF COUNSEL
DOUGLAS J. GOGLIA, AAG
SCULLIN, Senior Judge
ORDER
Currently before the Court is Magistrate Judge Hummel's March 21, 2013 Report-Recommendation and Order, in which he recommended that this Court grant Defendant's motion for summary judgment and dismiss Plaintiff's complaint with prejudice. The parties did not file any objections to these recommendations.
When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may 'accept, reject, or modify in whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)).
The Court has reviewed Magistrate Judge Hummel's March 21, 2013 Report-Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Hummel's March 21, 2013 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendant's motion for summary judgment is GRANTED; and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close this case; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.
IT IS SO ORDERED.
Dated: April 12, 2013
Syracuse, New York
_____________________
Frederick J. Scullin, Jr.
Senior United States District Court Judge