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Murray v. Nephew

United States District Court, Second Circuit

December 27, 2013

ROBERT L. MURRAY, Plaintiff,
v.
SARA NEPHEW, RCII, Mental Health, Clinton Correctional Facility, Defendant.

ROBERT L. MURRAY, 05-A-5765 Five Points Correctional Facility, Romulus, New York, Plaintiff pro se.

OFFICE OF THE NEW YORK STATE CATHY Y. SHEEHAN, AAG, ATTORNEY GENERAL Albany, New York, Attorneys for Defendant.

ORDER

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

Currently before the Court is Magistrate Judge Hummel's December 5, 2013 Report-Recommendation and Order, in which he recommended that this Court grant Defendant's motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6). See Dkt. 24. 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 Hummel's December 5, 2013 Report-Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Hummel's December 5, 2013 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Defendant's motion to dismiss Plaintiff's complaint is GRANTED pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant 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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