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Tapp v. Taylor

August 7, 2009

SEAN TAPP, PLAINTIFF,
v.
LLOYD TAYLOR, C.O; ST. LOUIS, CAPTAIN; AND DONALD SELSKY, DEFENDANTS.



DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on July 16, 2009, by the Honorable David R. Homer, 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. 57).

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 Homer'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. 57) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, the Defendant's Motion for summary judgment (Dkt. No. 54) is GRANTED as to all claims against Defendants Selsky and St. Louis; and it is further

ORDERED, that Defendants Selsky and St. Louis are terminated from this above-captioned case and that the above-captioned case proceed only as to Defendant Taylor; and it is further

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

IT IS SO ORDERED.

20090807

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