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Lee v. Graziano

United States District Court, N.D. New York

April 9, 2014

BRANDON LEE, Plaintiff,
v.
MICHAEL GRAZIANO, Superintendent, Greene Correctional Facility, Defendant.

BRANDON LEE, Amityville, New York, Plaintiff, pro se.

KEVIN M. HAYDEN, AAG, OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL, Albany, New York, Attorneys for Defendant.

ORDER

FREDERICK J. SCULLIN, Jr., District Judge.

Currently before the Court is Magistrate Judge Hummel's March 18, 2013 Report-Recommendation and Order, in which he recommended that this Court grant Defendant's motion to dismiss, see Dkt. No. 32, and dismiss Plaintiff's amended complaint, see Dkt. No. 13, with prejudice. 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. ยง 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Hummel's March 18, 2013 Report-Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Hummel's March 18, 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 is GRANTED; and the Court further

ORDERS that Plaintiff's amended complaint is DISMISSED with prejudice; 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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