Opinion
9:10-CV-643 (FJS/TWD)
04-05-2012
KURT PHILIP, also known as Kurt Phillip, Plaintiff, v. WILLIAM D. BROWN, Superintendent, Eastern Correctional Facility and YASIN LATIF, Imaam and Coordinating Chaplin of Eastern Correctional Facility, Defendants.
KURT PHILIP, also known as Kurt Phillip Chantimelle St. Patrick's Grenada, West Indies Plaintiff pro se OF COUNSEL OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL The Capitol Attorneys for Defendants CHARLES J. QUACKENBUSH, AAG
APPEARANCES
KURT PHILIP, also known as Kurt Phillip
Chantimelle
St. Patrick's
Grenada, West Indies
Plaintiff pro se
OF COUNSEL
OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Attorneys for Defendants
CHARLES J. QUACKENBUSH, AAG
SCULLIN, Senior Judge
ORDER
Currently before the Court is Magistrate Judge Dancks' March 13, 2012 Report-Recommendation, in which she recommended that this Court deny Plaintiff's motion for summary judgment and grant Defendants' cross-motion for summary judgment. The parties did not file any objections to these recommendations.
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 Dancks' March 13, 2012 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Dancks' March 13, 2012 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Plaintiff's motion for summary judgment is DENIED; and the Court further
ORDERS that Defendants' cross-motion for summary judgment is GRANTED; and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants 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: April 5, 2012
Syracuse, New York
___________
Frederick J. Scullin, Jr.
Senior United States District Court Judge