Summary
dismissing pro se complaint with prejudice pursuant to 28 U.S.C. § 1915(e)(B)
Summary of this case from Veronese v. FinkleOpinion
9:08-CV-478 (FJS/ATB).
November 16, 2010
DARRELL GOSTON, 01-B-0166, Lakeview Shock Incarceration Correctional Facility, Brocton, New York, Plaintiff pro se.
C. HARRIS DAGUE, AAG, OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL, Albany, New York, Attorneys for Defendant.
ORDER
Currently before the Court is Magistrate Judge Baxter's September 21, 2010 Order and Report-Recommendation, in which he denied Plaintiff's letter-motion to "substitute" David Rock as a defendant, recommended that this Court deny Plaintiff's letter-motion to amend his amended complaint to add Lieutenant Sawyer and a "John Doe" Deputy Superintendent, and recommended that this Court sua sponte dimiss Plaintiff's amended complaint in its entirety with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). See Dkt. No. 51 at 18-19. The parties have not filed any objections to these recommendations.
In a letter dated September 24, 2010, Plaintiff requested a sixty-day extension to file objections to Magistrate Judge Baxter's Order and Report-Recommendation. See Dkt. No. 52. The Court granted that request and extended Plaintiff's time to file objections until November 10, 2010. See Text Order dated October 1, 2010. Despite this extension, Plaintiff did not file any objections.
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 Baxter's September 21, 2010 Order and Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Baxter's September 21, 2010 Order and Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Plaintiff's letter-motion to "substitute" David Rock as a defendant is DENIED; and the Court further
ORDERS that Plaintiff's letter-motion to amend his amended complaint to add Lieutenant Sawyer and a "John Doe" Deputy Superintendent is DENIED; and the Court further
ORDERS that Plaintiff's amended complaint is sua sponte DISMISSED in its entirety with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); 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: November 15, 2010
Syracuse, New York