Opinion
9:20-CV-666
08-26-2021
ROBERT MILLER, Plaintiff, v. OTT, Correctional Officer; Mohawk Correctional Facility, Defendant.
ROBERT MILLER Plaintiff, Pro Se HON. LETITIA JAMES, New York State Attorney General Ass't Attorney General Attorneys for Defendants DAVID C. WHITE, ESQ. Ass't Attorney General
ROBERT MILLER Plaintiff, Pro Se
HON. LETITIA JAMES, New York State Attorney General Ass't Attorney General Attorneys for Defendants
DAVID C. WHITE, ESQ. Ass't Attorney General
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD, UNITED STATES DISTRICT JUDGE
On June 15, 2020, pro se plaintiff Robert Miller (“Miller”), an inmate in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”) at Mohawk Correctional Facility (“Mohawk C.F.”), Downstate Correctional Facility (“Downstate C.F.”), Five Points Correctional Facility (“Five Points C.F.”), and Franklin Correctional Facility (“Franklin C.F.”), filed this 42 U.S.C. § 1983 action alleging, inter alia, that defendant Mohawk C.F. Correction Officer Ott violated his Eighth Amendment rights. Dkt. No. 1. Thereafter, defendants moved under Federal Rule of Civil Procedure (“Rule”) 56 seeking summary judgment on plaintiffs claims. Dkt. No. 12.
On August 5, 2021, U.S. Magistrate Judge Christian F. Hummel advised by Report & Recommendation (“R&R”) that defendant's motion for summary judgment be granted and that plaintiffs complaint be dismissed with prejudice. Dkt. No. 15. Plaintiff has not filed objections, and the time period in which to do so has expired. See id. Upon review for clear error, the Report & Recommendation will be accepted and adopted in all respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ADOPTED;
2. Defendant's motion for summary judgment is GRANTED; and
3. Plaintiffs complaint is DISMISSED.
The Clerk of the Court is directed to enter a judgment accordingly and close the file.
IT IS SO ORDERED.