UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 7, 2012
LAWSON HOLLAND, PLAINTIFF,
DR. LESTER WRIGHT; DR. C. MOEHS, CAPE VINCENT CORRECTIONAL FACILITY; B. BICKEL, CAPE VINCENT CORRECTIONAL FACILITY; MR. SHANNON, CAPE VINCENT CORRECTIONAL FACILITY; MCAULIFFE, CAPE VINCENT CORRECTIONAL FACILITY; AND DR. PALAO, CAPE VINCENT CORRECTIONAL FACILITY, DEFENDANTS.
The opinion of the court was delivered by: Scullin, Senior Judge
Currently before the Court is Magistrate Judge Lowe's February 9, 2012 Report and Recommendation, see Dkt. No. 36, to which the parties have not filed any objections.
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 that 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 9, 2012 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Lowe's February 9, 2012 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Plaintiff's complaint is DISMISSED without prejudice to
renewal upon his payment of the $75 appearance fee and his agreement
to appear for a deposition that Defendants will notice;*fn1
and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants 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.