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Murray v. Nephew

United States District Court, N.D. New York

April 14, 2015

ROBERT L. MURRAY, Plaintiff,
v.
II NEPHEW, Clinton Correctional Facility; and. II PROVOST, Clinton Correctional Facility.. Defendants.

ROBERT L. MURRAY Bronx, New York Plaintiff pro se

C. HARRIS DAGUE, AAG, OFFICE OF THE NEW YORK, STATE ATTORNEY GENERAL, The Capitol, Albany, New York, Attorneys for Defendants.

ORDER

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

Currently before the Court is Magistrate Judge Baxter's March 24, 2015 Order and Report-Recommendation, in which he recommended that this Court grant Defendants' motion for summary judgment and deny Plaintiff's motion for appointment of counsel and dismiss Plaintiff's complaint in its entirety with prejudice. See Dkt. No. 45 at 15. 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 Baxter's March 24, 2015 Order and Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Baxter's March 24, 2015 Order and Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Defendants' motion for summary judgment (Dkt. No. 40) is GRANTED and Plaintiff's complaint is DISMISSED in its entirety with prejudice; and the Court further

ORDERS that Plaintiff's motion for appointment of counsel (Dkt. No. 39) is DENIED; 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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