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Mayo v. Phillips

United States District Court, N.D. New York

February 17, 2015

MATTHEW J. MAYO, Plaintiff,
v.
T. PHILLIPS, Sergeant, Upstate Correctional Facility; A. SOUTHWORTH, Correction Officer, Upstate Correctional Facility; L. LABARGE, Correction Officer, Upstate Correctional Facility; RENDLE, Lieutenant, Upstate Correctional Facility; JOHN DOE #1, Correction Officer, Upstate Correctional Facility; DAVID A. ROCK, Superintendent, Upstate Correctional Facility; and JOHN DOE #2, Correction Officer, Upstate Correctional Facility, Defendants.

MATTHEW J. MAYO, Elmira Correctional Facility, Elmira, New York, Plaintiff pro se.

OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL TIMOTHY P. MULVEY, AAG, Syracuse, New York, Attorneys for Defendants.

ORDER

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

Currently before the Court is Magistrate Judge Baxter's January 20, 2015 Report-Recommendation, in which he recommended that this Court grant Defendants' amended motion for summary judgment and dismiss Plaintiff's remaining claims in the complaint in their entirety. See Dkt. 39. 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 Baxter's January 20, 2015 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Baxter's January 20, 2015 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Defendants' amended motion for summary judgment, see Dkt. No. 29, is GRANTED; and the Court further

ORDERS that the remaining claims in Plaintiff's complaint are DISMISSED in their entirety; 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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