Opinion
9:10-CV-00341 (LEK/CFH)
09-10-2012
RAFAEL SOLAR, Plaintiff, v. C.O. R. LENNOX; NURSE NESMITH, Great Meadow Correctional Facility; P.A. TICHENOR, Upstate Correctional Facility; C.O. R. LENNOX, Great Meadow Correctional Facility; DR. THOMPSON, Great Meadow Correctional Facility; and CAPTAIN ROWE, Great Meadow Correctional Facility, Defendants.
DECISION and ORDER
This matter comes before the Court following a Report-Recommendation filed on May 23, 2012 by the Honorable David R, Homer, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Northern District of New York Local Rule 72.3(d). Dkt. No. 120 ("Report-Recommendation").
Due to Judge Homer's retirement, the case has since been reassigned to the Honorable Christian F. Hummel, United States Magistrate Judge. Dkt. No. 124.
Within fourteen days 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); N.D.N.Y. L.R. 72.1(c). "If no objections are filed . . . reviewing courts should review a report and recommendation for clear error." Edwards v. Fischer, 414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006) (citations omitted).
Here, no objections have been raised in the allotted time with respect to Magistrate Judge Homer's Report-Recommendation. See generally Dkt. Plaintiff requested an extension of time to file objections to the Report-Recommendation, which was granted. Dkt. No. 121 (and accompanying Text Order). Plaintiff failed to file objections during this extension. See generally Dkt. After a thorough review of the Report-Recommendation and the record, the Court has determined that the Report-Recommendation is not subject to attack for clear error or manifest injustice.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 120) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 98) is GRANTED as to all defendants and all claims; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Decision and Order upon the parties to this action.
IT IS SO ORDERED. DATED: September 10, 2012
Albany, New York
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Lawrence E. Kahn
U.S. District Judge