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Sheils v. Brannen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 18, 2008

KEVIN SHEILS, PLAINTIFF,
v.
SERGEANT BRANNEN; D. LACLAIR, SERGEANT; K. LABOMBARD, CORRECTIONS OFFICER; P. EVENS,CORRECTIONS OFFICER; J. THOMAS, CORRECTIONS OFFICER; B. FARNAN, R.N. II, DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on August 12, 2008, 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. 58).

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. No objections have been raised in the allotted time with respect to Judge Lowe's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 58) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Defendant's Motion for partial summary judgment (Dkt. No. 45) is GRANTED; and it is further

ORDERED, that the Plaintiff's cross-Motion for partial summary judgment (Dkt. No. 47) is DENIED; and it is further

ORDERED, that the Plaintiff's third and fourth causes of action are DISMISSED; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20080918

© 1992-2008 VersusLaw Inc.



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