Washington v. Czajka et al

Filing 20

ORDER adopting 12 Report and Recommendations and dismissing the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. Signed by Judge Brenda K. Sannes on 11/28/17. (Copy served on plaintiff via regular and certified mail)(rjb, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
___________________________________________
KENNETH WASHINGTON,
Plaintiff,
v.

1:17-CV-0683 (BKS/DJS)

PAUL CZAJKA, et al.,
Defendants.
___________________________________________
APPEARANCES:
Kenneth Washington
Canaan, NY 12029
Plaintiff, pro se

Hon. Brenda K. Sannes, United States District Court Judge
DECISION AND ORDER
Plaintiff Kenneth Washington, a former New York State inmate, commenced this
proceeding under 42 U.S.C. § 1983, and sought leave to proceed in forma pauperis. (Dkt.
No. 1). This matter was referred to United States Magistrate Judge Daniel J. Stewart who, on
August 9, 2017, granted Plaintiff’s application to proceed in forma pauperis, and issued a
Report-Recommendation and Order, recommending that Plaintiff’s complaint be dismissed
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be
granted. (Dkt. No. 12). Magistrate Judge Stewart advised Plaintiff that, under 28 U.S.C.
§ 636(b)(1), he had fourteen days within which to file written objections to the report and that the
failure to object to the report within fourteen days would preclude appellate review. (Id. at 6).
Plaintiff requested, and was granted, an extension of time until September 20, 2017 to file

objections. (Dkt. Nos. 14, 15). A copy of the text Order granting that extension was sent to
Plaintiff’s last known address, but returned to the Court as “unclaimed.” (Dkt. No. 16). On
November 15, 2017, the Court issued an Order giving Plaintiff fourteen days to file his current
address and objections, if any, to the Report-Recommendation. (Dkt. No. 17). The Order was
sent to Plaintiff’s last known address via regular and certified mail, and both were returned as
undeliverable. (Dkt. Nos. 17-19). No objections to the Report-Recommendation have been
filed.
As no objections to the Report-Recommendation have been filed, and the time for filing
objections has expired, the Court reviews the Report-Recommendation for clear error. See
Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory
committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear
error and found none, the Court adopts it in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 12) is ADOPTED in its
entirety; and it is further
ORDERED that the Complaint is dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii) for
failure to state a claim upon which relief can be granted; and it is further
ORDERED that the Clerk of the Court serve a copy of this Decision and Order on the
Plaintiff via certified mail.
IT IS SO ORDERED.
Dated: November 28, 2017
Syracuse, New York

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