Opinion
9:20-CV-1503
09-01-2022
REYNALDO PABON, Plaintiff, v. NELSON et al., Defendants.
REYNALDO PABON Plaintiff, Pro Se HON. LETITIA JAMES New York State Attorney General Attorneys for Defendants The Capitol BRENDA T. BADDAM, ESQ.
APPEARANCES:
REYNALDO PABON Plaintiff, Pro Se
HON. LETITIA JAMES New York State Attorney General Attorneys for Defendants The Capitol
OF COUNSEL:
BRENDA T. BADDAM, ESQ.
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD, United States District Judge
On December 7, 2020, pro se plaintiff Reynaldo Pabon (“plaintiff') filed this 42 U.S.C. § 1983 action alleging that defendants Raymond Nelson, John Doe, and Jane Doe violated his Eighth Amendment rights. Along with his complaint, plaintiff sought leave to proceed in forma pauperis (“IFP application”). Defendant Nelson moved for summary judgment under Federal Rule of Civil Procedure (“Rule”) 56 on December 7, 2021.
On June 21, 2022, U.S. Magistrate Judge Therese Wiley Dancks advised by Report & Recommendation (“R&R”) that Nelson's motion be granted and that the Doe defendants be sua sponte dismissed from this action.
Plaintiff has not filed objections, and the time period in which to do so has expired. See Dkt. No. 34. Upon review for clear error, the R&R will be accepted and adopted in all respects. See FED. R. CIV. P. 72(b).
Plaintiff previously received two extensions of time in which to file objections. Dkt. No. 36, 38.
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED;
2. The Doe defendants are DISMISSED; and
3. Nelson's motion for summary judgment is GRANTED.
The Clerk of the Court is directed to enter a judgment accordingly and close the file.
IT IS SO ORDERED.