Opinion
9:13-CV-0902 (GTS/ATB)
07-23-2015
SCOTT M. THORPE, Plaintiff, v. CAPTAIN EUGENE McKENNA; LT. WILLIAM BREYEAR; and SGT. ARON BASSETT, Defendants.
APPEARANCES: SCOTT M. THORPE, 11-A-1284 Plaintiff, Pro Se Auburn Correctional Facility P.O. Box 618 Auburn, New York 13021 LEMIRE JOHNSON, LLC Counsel for Defendants P.O. Box 2485 2534 Route 9 Malta, New York 12020 OF COUNSEL: APRIL J. LAWS, ESQ. GREGG T. JOHNSON, ESQ.
APPEARANCES: SCOTT M. THORPE, 11-A-1284
Plaintiff, Pro Se
Auburn Correctional Facility
P.O. Box 618
Auburn, New York 13021
LEMIRE JOHNSON, LLC
Counsel for Defendants
P.O. Box 2485
2534 Route 9
Malta, New York 12020
OF COUNSEL: APRIL J. LAWS, ESQ.
GREGG T. JOHNSON, ESQ.
GLENN T. SUDDABY, United States District Judge DECISION and ORDER
Currently before the Court, in this pro se prisoner civil rights action filed by Scott M. Thorpe ("Plaintiff") against the three above-captioned correctional employees of Washington County Jail ("Defendants"), are Defendants' motion for summary judgment and United States Magistrate Judge Andrew T. Baxter's Report-Recommendation recommending that Defendants' motion be granted and that Plaintiff's Amended Complaint be dismissed. (Dkt. Nos. 25, 34.) Plaintiff has filed no Objection to the Report-Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant papers herein, including Magistrate Judge Baxter's thorough Report-Recommendation, the Court can find no clear-error in the Report-Recommendation. Magistrate Judge Baxter employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, his Report-Recommendation is accepted and adopted in its entirety, Defendants' motion is granted, and Plaintiff's Amended Complaint is dismissed.
When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a "clear error" review, "the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Id.: see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) ("I am permitted to adopt those sections of [a magistrate judge's] report to which no specific objection is made, so long as those sections are not facially erroneous.") (internal quotation marks and citations omitted). --------
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 34) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendants' motion for summary judgment (Dkt. No. 25) is GRANTED; and it is further
ORDERED that Plaintiff's Amended Complaint (Dkt. No. 7) is DISMISSED. Dated: July 23, 2015
Syracuse, New York
/s/_________
Hon. Glenn T. Suddaby
U.S. District Judge