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Kurt Phillip, Also Known As Kurt Philip v. William D. Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 25, 2011

KURT PHILLIP, ALSO KNOWN AS KURT PHILIP, PLAINTIFF,
v.
WILLIAM D. BROWN, SUPERINTENDENT, EASTERN CORRECTIONAL FACILITY; AND YASIN LATIF, IMAAM AND COORDINATING CHAPLIN OF EASTERN CORRECTIONAL FACILITY,
DEFENDANTS.

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

ORDER

On August 24, 2010, Defendants filed a motion to dismiss Plaintiff's complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. See Dkt. No. 14. Plaintiff opposed that motion. See Dkt. No. 15. On February 4, 2011, Magistrate Judge Lowe issued a Report-Recommendation in which he found that Plaintiff had stated a class-of-one equal protection claim*fn1 against both Defendants and, therefore, recommended that this Court deny Defendants' motion. See Dkt. No. 16. The parties did not file any objections to that recommendation.

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 Lowe's February 4, 2011 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Lowe's February 4, 2011 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Defendants' motion to dismiss Plaintiff's complaint is DENIED; and the Court further

ORDERS that this matter is referred to Magistrate Judge Lowe for all further pretrial matters; 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.

Syracuse, New York


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