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Goston v. Potter

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 15, 2010

DARRELL GOSTON, PLAINTIFF,
v.
RICHARD POTTER, DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Currently before the Court is Magistrate Judge Baxter's September 21, 2010 Order and Report-Recommendation, in which he denied Plaintiff's letter-motion to "substitute" David Rock as a defendant, recommended that this Court deny Plaintiff's letter-motion to amend his amended complaint to add Lieutenant Sawyer and a "John Doe" Deputy Superintendent, and recommended that this Court sua sponte dimiss Plaintiff's amended complaint in its entirety with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). See Dkt. No. 51 at 18-19. The parties have not filed any objections to these recommendations.*fn1

When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may 'accept, reject, or modify, in whole or in part, the... recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Baxter's September 21, 2010 Order and Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Baxter's September 21, 2010 Order and Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Plaintiff's letter-motion to "substitute" David Rock as a defendant is DENIED; and the Court further

ORDERS that Plaintiff's letter-motion to amend his amended complaint to add Lieutenant Sawyer and a "John Doe" Deputy Superintendent is DENIED; and the Court further

ORDERS that Plaintiff's amended complaint is sua sponte DISMISSED in its entirety with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close this case; and the Court further

ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.

IT IS SO ORDERED.


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