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Smith v. Burge

September 28, 2006

THERNELL SMITH, PLAINTIFF,
v.
JOHN BURGE, SUPERINTENDENT; JOHN ROURKE, CAPTAIN; WILLIAM CHILSON, SGT.; D. MYERS, C.O.; T. CHRISTOPHER, SGT., DEFENDANTS.



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.*fn1

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 ...


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