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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 5, 2012

KURT PHILIP, ALSO KNOWN AS KURT PHILLIP, 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

Currently before the Court is Magistrate Judge Dancks' March 13, 2012 Report-Recommendation, in which she recommended that this Court deny Plaintiff's motion for summary judgment and grant Defendants' cross-motion for summary judgment. The parties did not file any objections to these recommendations.

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 Dancks' March 13, 2012 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Dancks' March 13, 2012 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Plaintiff's motion for summary judgment is DENIED; and the Court further

ORDERS that Defendants' cross-motion for summary judgment is GRANTED; 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.

20120405

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