Rodriguez v. Upstate Correctional Facility et al

Filing 34

ORDER that 32 Report and Recommendations is APPROVED and ADOPTED in its entirety. ORDERED granting 29 Motion for Summary Judgment and plaintiff's amended complaint (dkt no. 7) is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on 1/23/09. {order served via regular mail on all non-ecf parties}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JUAN A. RODRIGUEZ, Plaintiff, -againstGIL, Sergeant; T. HOWARD, Correctional Officer; DISCIPLINARY HEARING DEPARTMENT; and JOHN DOE, Correctional Officer, Defendants. 9:06-CV-0403 (LEK/DRH) DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on November 21, 2008, by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 32). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Homer's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 32) is APPROVED and ADOPTED in its ENTIRETY; and it is further 1 ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 29) is GRANTED in its entirety; and it is further ORDERED, that Plaintiff's Amended Complaint (Dkt. No. 7) is DISMISSED in its entirety; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: January 23, 2009 Albany, New York 2

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