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Mario Gordon v. J. Murnane; W. Putnam

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 27, 2012

MARIO GORDON, PLAINTIFF,
v.
J. MURNANE; W. PUTNAM, AUBURN CORRECTIONAL FACILITY; A. BOYD, REGISTERED NURSE, AUBURN CORRECTIONAL FACILITY; MCCLEARLY, AUBURN CORRECTIONAL FACILITY; SGT. M. REILLY, AUBURN CORRECTIONAL FACILITY; K. BUCHANAN, AUBURN CORRECTIONAL FACILITY; D. WEBB, AUBURN CORRECTIONAL FACILITY; AND K. FISHER, AUBURN CORRECTIONAL FACILITY, DEFENDANTS.

ORDER

This matter comes before the Court following a Report-Recommendation filed on July 16, 2012 by the Honorable Therese Wiley Dancks, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Northern District of New York Local Rule 72.3(c). Dkt. No. 31 ("Report-Recommendation").

Within fourteen days 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); N.D.N.Y. L.R. 72.1(c). "If no objections are filed . . . reviewing courts should review a report and recommendation for clear error." Edwards v. Fischer, 414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006) (citations omitted).

Here, no objections have been raised in the allotted time with respect to Judge Dancks's Report-Recommendation. After examining the record, the Court has determined that the Report- Recommendation is not subject to attack for clear error or manifest injustice.

Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 31) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED that Defendants' Motion to dismiss (Dkt. No. 26) is GRANTED and that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED without prejudice; and it is further

ORDERED, that the Clerk of the Court serve a copy of this Decision and Order upon the parties to this action.

IT IS SO ORDERED.

20120827

© 1992-2012 VersusLaw Inc.



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