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finding no Eighth Amendment violation when "at most, Plaintiff was deprived of various property (except for a T-shirt and underwear) for less than one day while confined to a cell that was 'cold' or 'very cold' due to some gallery windows being open in late-March"
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No. 9:03-CV-0955 (LEK/GHL).
September 28, 2006
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on May 5, 2006, by the Honorable George H. Lowe, 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. In the interval of at least fifteen days since the Magistrate Judge filed the subject Report-Recommendation, no objections to it have been raised. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
The Court notes several errors, which do not, however, impact materially upon the content of the Report-Recommendation. First, Thomas v. Irvin is incorrectly cited as Thomas v. Irving, 981 F. Supp. 794, 799, but the correct citation isThomas v. Irvin, 981 F. Supp. 794 798. Report-Rec. (Dkt. No. 24) at 4 Second, Patterson v. County of Onedia is incorrectly cited as Patterson v. County of Oneida, 375 F.2d 206, 219, but the correct citation is Patterson v. County of Oneida, 375 F.3d 206, 219. Report-Rec. (Dkt. No. 24) at 7 n. 4. Third, Meiri v. Dacon is incorrectly cited as Meiri v. Dacon, 759 F.2d 989, 997, but the correct citation is Meiri v. Dacon, 759 F.2d 989, 998. Report-Rec. (Dkt. No. 24) at 8 n. 12. Fourth, citation to Dkt. No. 21 is incorrectly cited as (Dkt. No. 21, Part 1, ¶ 5), but the correct citation should be (Dkt. No. 21, Part 1, ¶ 8). Report-Rec. (Dkt. No. 24) at 13 n. 33. Fifth, Blyden v. Mancusi is incorrectly cited as Blyden v. Mancusi, 186 F.3d 252, 263, but the correct citation is Blyden v. Mancusi, 186 F.3d 252, 262. Report-Rec. (Dkt. No. 24) at 19. Sixth, Thomas v. Commonwealth of Virginia is incorrectly cited as Thomas v. Virginia, 04-CV-0273, 2005 WL 15517, at *10-11, but the correct citation is Thomas v. Commw. of Virginia, 04-CV-0273, 2005 WL 1801672, at *2-*3. Report-Rec. (Dkt. No. 24) at 36 n. 88.
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 Defendant's motion for summary judgment (Dkt. No. 16) is GRANTED; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.