Opinion
9:16-CV-0787 (BKS/ATB)
06-06-2018
ROOSEVELT ROSE, Plaintiff, v. ANTHONY J. ANNUCCI, et al., Defendants.
Appearances: Roosevelt Rose Jamaica, NY Plaintiff, pro se John F. Moore, Esq. Barbara D. Underwood Acting Attorney General Office of New York State Attorney General The Capitol Albany, NY 12224 Attorney for Defendants
Appearances:
Roosevelt Rose
Jamaica, NY
Plaintiff, pro se John F. Moore, Esq.
Barbara D. Underwood
Acting Attorney General
Office of New York State Attorney General
The Capitol
Albany, NY 12224
Attorney for Defendants Hon. Brenda K. Sannes, United States District Judge :
MEMORANDUM-DECISION AND ORDER
Plaintiff Roosevelt Rose, a former New York State inmate, commenced this civil rights action asserting claims under 42 U.S.C. § 1983 arising out of his incarceration at the Franklin Correctional Facility. (Dkt. No. 1). On September 29, 2017, Defendants filed a motion for summary judgment. (Dkt. No. 53). Plaintiff filed a response on November 16, 2017. (Dkt. No. 59). This matter was assigned to United States Magistrate Judge Andrew T. Baxter who, on April 19, 2018, issued a Report-Recommendation recommending that Defendants' motion for summary judgment be granted and that Plaintiff's complaint be dismissed in its entirety. (Dkt. No. 71). Magistrate Judge Baxter advised the parties that under 28 U.S.C. § 636(b)(1), they had fourteen days within which to file written objections to the report, and that the failure to object to the report within fourteen days would preclude appellate review. (Dkt. No. 71, at 28). No objections to the Report-Recommendation have been filed.
As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee's note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 71) is ADOPTED in its entirety; and it is further
ORDERED that Defendants' motion for summary judgment (Dkt. No. 53) is GRANTED and Plaintiff's complaint is DISMISSED IN ITS ENTIRETY; and it is further
ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules.
IT IS SO ORDERED.
Dated: June 6, 2018
/s/ _________
Brenda K. Sannes
U.S. District Judge