SMITH v. HASH

Full title: BRYANT SMITH, Plaintiff, v. SGT. HASH, Corrections Officer at Oneida…

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

Date published: Sep 28, 2006

No. 9:04-CV-0074 (LEK/DRH) (N.D.N.Y. Sep. 28, 2006)

Opinion

No. 9:04-CV-0074 (LEK/DRH).

September 28, 2006

DECISION AND ORDER

LAWRENCE KAHN, District Judge

This matter comes before the Court following a Report-Recommendation filed on September 6, 2006, 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. 21).

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. In the interval of at least fifteen days since the Magistrate Judge filed the subject Report-Recommendation, no objections to it have been raised. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.¹

1 The Court, however, notes several things, which do not otherwise have a material impact upon the Report-Recommendation. First, on page 6 of the Report citation is made to Sims v. Artuz (where the Report cites to "Id. at 262"). Report-Rec. (Dkt. No. 21) at 6. However, the citation is actually to Blyden v. Mancusi, 186 F.3d 252, 262 (2d Cir. 1999), which is cited earlier on page 6 of the Report. Second, the cases of Dawes v. Walker, 239 F.3d 489 (2d Cir. 2001), Report-Rec. (Dkt. No. 21) at 10, and Morales v. Mackalm, 278 F.3d 126 (2d Cir. 2002), Report-Rec. (Dkt. No. 21) at 11, were overruled on grounds other than those for which they were cited by Judge Homer.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 21) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 17) is GRANTED as to Defendants Hash, Sipley, and Noble on all claims; and it is further

ORDERED, that the Complaint is DISMISSED WITHOUT PREJUDICE as to Defendant Metzler; and it is further

ORDERED, that this matter is TERMINATED IN ITS ENTIRETY as to all Defendants and all claims; and it is further

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

IT IS SO ORDERED.