Opinion
9:10-CV-88
10-31-2012
STEVEN RODRIGUEZ, Plaintiff, v. B. DROLLETTE, Correctional Officer, Clinton Correctional Facility, Defendant.
STEVEN RODRIGUEZ Great Meadow Correctional Facility Plaintiff pro se OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL Attorneys for Defendant OF COUNSEL CHARLES J. QUACKENBUSH, AAG
(FJS/CFH)
APPEARANCES
STEVEN RODRIGUEZ
Great Meadow Correctional Facility
Plaintiff pro se
OFFICE OF THE NEW YORK STATE
ATTORNEY GENERAL
Attorneys for Defendant
OF COUNSEL
CHARLES J. QUACKENBUSH, AAG
SCULLIN, Senior Judge
ORDER
Currently before the Court is Magistrate Judge Hummel's October 10, 2012 Report-Recommendation and Order, in which he recommended that this Court grant Defendant's motion for summary judgment. See Dkt. No. 67. The parties did not file any objections to its recommendation.
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 Hummel's October 10, 2012 Report-Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Hummel's October 10, 2012 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Defendant's 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
By Order dated September 12, 2011, the Court granted Defendants Mitchell, Grimshaw and Baxter's motion for summary judgment. See Dkt. No. 59.
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: October 31, 2012
Syracuse, New York
______________
Frederick J. Scullin, Jr.
Senior United States District Court Judge