Thompson v. Carlsen et al

Filing 31

ORDER: ORDERS that Magistrate Judge Baxter's August 16, 2010 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein. ORDERS that Defendants' motion for summary judgment is GRANTED in its entirety and Plaintiff 9;s complaint is DISMISSED against all Defendants in all respects. ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 9/7/10. {order served via regular mail on all non-ecf parties}(nas)

Thompson v. Carlsen et al

Doc. 31

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ NILAS THOMPSON, III, Plaintiff, v. SCOTT C. CARLSEN, Superintendent, Ulster Correctional Facility; JANE DOE, Nurse, Ulster Correctional Facility; MS. SARKOWSKI, E1 Housing Unit Officer, Ulster Correctional Facility; JOHN DOE #1, E1 Housing Unit Officer, Ulster Correctional Facility; JOHN DOE #2, E1 Housing Unit Officer, Ulster Correctional Facility; JOHN DOE, Housing Unit Sergeant/ Supervisor, Ulster Correctional Facility; JOHN DOE, 1, Mess Hall Officer, Ulster Correctional Facility; JOHN DOE, 2, Mess Hall Officer, Ulster Correctional Facility; JOHN DOE, Mess Hall Supervising Sergeant, Ulster Correctional Facility; and DUANE TAYLOR, Inmate Grievance Resolution Committee Director, Ulster Correctional Facility, Defendants. ________________________________________________ APPEARANCES NILAS THOMPSON, III 07-R-4486 Attica Correctional Facility Box 149 Attica, New York 14011 Plaintiff pro se OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL The Capitol Albany, New York 12224 Attorneys for Defendants JUSTIN C. LEVIN, AAG OF COUNSEL 9:08-CV-965 (FJS/ATB)

Dockets.Justia.com

SCULLIN, Senior Judge ORDER Plaintiff commenced this action on September 12, 2008. See Dkt. No. 1. On December 30, 2009, Defendants Carlsen and Taylor filed a motion for summary judgment.1 See Dkt. No. 24. After seeking and receiving two extensions of time, Plaintiff failed to file any papers in opposition to that motion. See Dkt No. 26; Text Order dated February 2, 2010; Dkt. No. 27; Text Order dated March 29, 2010. In a Report-Recommendation dated August 16, 2010, Magistrate Judge Baxter recommended that the Court grant Defendants' motion for summary judgment and dismiss the complaint in its entirety. See Dkt. No. 29 at 33-34. Plaintiff 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 Baxter's August 16, 2010 ReportRecommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Baxter's August 16, 2010 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

Defendants Carlsen and Taylor are the only two named Defendants who have been served with the complaint. See Dkt. Nos. 6-7. -2-

1

ORDERS that Defendants' motion for summary judgment is GRANTED in its entirety and Plaintiff's complaint is DISMISSED against all Defendants in all respects; 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.

Dated: September 7, 2010 Syracuse, New York

-3-