Summary
highlighting that had the plaintiff requested a no-contact order, it would have "signaled to prison officials that he was fearful of other inmates at the facility"
Summary of this case from Mays v. FaluOpinion
9:05-CV-0194 (LEK/DEP).
February 7, 2007
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on October 25, 2006, by the Honorable David E. Peebles, 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. 37).
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 Peebles'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. 37) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motions for summary judgment (Dkt. Nos. 28, 29) dismissing Plaintiff's complaint is GRANTED; and it is further ORDERED, that Plaintiff's complaint is DISMISSED IN ITS ENTIRETY, WITH PREJUDICE; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.