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Self v. Lavalley

United States District Court, N.D. New York

January 23, 2015

DONALD R. SELF, Plaintiff,
v.
THOMAS LAVALLEY, Superintendent; KAREN LAPOLT, Deputy Superintendent of Programs; STEPHEN ROWE, Captain of Corrections; RON ATKINSON, Senior Spv. Counselor; and S. HAHN, Officer of Corrections, Defendants.

DONALD R. SELF, Plaintiff, Pro Se Otisville Correctional Facility Otisville, New York

TIFFINAY M. RUTNIK, ESQ., HON. ERIC T. SCHNEIDERMAN, Assistant Attorney General, Attorney General for the State of New York Counsel for Defendants, The Capitol, Albany, New York.

DECISION & ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court, in this prisoner civil rights action filed pro se by Donald R. Self ("Plaintiff") against the five above-captioned New York State correctional employees ("Defendants"), are Defendants' motion for summary judgment and United States Magistrate Judge Therese Wiley Dancks' Report-Recommendation recommending that (1) Plaintiff's Complaint be dismissed for failure to prosecute and/or comply with a court order pursuant to Fed.R.Civ.P. 41(b), and (2) that Defendants' motion for summary judgment be denied as moot. (Dkt. Nos. 64, 82.) Plaintiff has not filed an Objection to the Report-Recommendation and the deadline by which to do so has expired. ( See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Dancks employed the proper legal standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation in its entirety for the reasons stated therein. (Dkt. No. 82.)

ACCORDINGLY, it is

ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 82) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that Defendant's motion for summary judgment (Dkt. No. 64) is DENIED as moot; and it is further

ORDERED that Plaintiff's Amended Complaint (Dkt. No. 44) is DISMISSED; and it is further

ORDERED that the Clerk is directed to enter a Judgment for Defendants and CLOSE this case.

The Court certifies, for purposes of 28 U.S.C. ยง 1915(a)(3), that any appeal taken from this Decision and Order would not be taken in good faith.


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