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Breksa v. Rice

United States District Court, Second Circuit

September 24, 2013

DAVID BREKSA a/k/a DAVID BRESKA, Plaintiff,
v.
SERGEANT RICE, Correctional Sergeant, Clinton Correctional Facility; and JOHN DOE, Correctional Officer, Clinton Correctional Facility Defendants.

DAVID BREKSA Auburn, New York, Plaintiff pro se.

GREGORY J. RODRIGUEZ, AAG, OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL, Albany, New York, Attorneys for Defendant.

ORDER

FREDERICK J. SCULLIN, Jr., Senior District Judge.

Currently before the Court is Magistrate Judge Treece's September 3, 2013 Report-Recommendation and Order, in which he recommended that this Court grant Defendant Rice's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). See Dkt. 12. The parties did not file any objections to this 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. ยง 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Treece's September 3, 2013 Report-Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Treece's September 3, 2013 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Defendant Rice's motion to dismiss 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.


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