Summary
finding issues of fact existed on both objective and subjective prongs wherein the plaintiff complained of an unsafe prison condition regarding the laundry van he was allegedly forced to ride despite the fact that it had inadequate seating capacity and non-working rear door latches
Summary of this case from Jenkins v. FischerOpinion
9:06-CV-0144, (LEK/DEP).
September 26, 2007
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on August 15, 2007, 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. 24).
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. 24) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that plaintiff's motion for summary judgment (Dkt. No. 17) is DENIED; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.