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Philip v. Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Apr 5, 2012
9:10-CV-643 (FJS/TWD) (N.D.N.Y. Apr. 5, 2012)

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


Summaries of

Philip v. Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Apr 5, 2012
9:10-CV-643 (FJS/TWD) (N.D.N.Y. Apr. 5, 2012)
Case details for

Philip v. Brown

Case Details

Full title:KURT PHILIP, also known as Kurt Phillip, Plaintiff, v. WILLIAM D. BROWN…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Apr 5, 2012

Citations

9:10-CV-643 (FJS/TWD) (N.D.N.Y. Apr. 5, 2012)