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Wellington v. Langendorf

United States District Court, Northern District of New York

January 28, 2015

ERIC WELLINGTON, Plaintiff,
v.
C.O. B. LANGENDORF, Defendant.

ERIC WELLINGTON 09-A-0622 Plaintiff pro se

OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL Attorneys for Defendant

CHRISTOPHER W. HALL, AAG

ORDER

FREDERICK J. SCULLIN, JR. SENIOR UNITED STATES DISTRICT COURT JUDGE

Currently before the Court is Magistrate Judge Peebles' January 5, 2015 Report and Recommendation, in which he recommended that this Court grant Defendant’s motion for summary judgment and dismiss Plaintiff’s amended complaint in its entirety. See Dkt. 46. 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. § 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Peebles' January 5, 2015 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Peebles' January 5, 2015 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Defendant's motion for summary judgment, See Dkt. No. 42, is GRANTED; and the Court further

ORDERS that Plaintiffs amended complaint is DISMISSED in its entirety; 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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