Solar v. Superintendent Paul Annetts et al
Filing
125
DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 120 ) is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 98 ) is GRANTED as to all defendants and all claims. Signed by Senior Judge Lawrence E. Kahn on 9/10/12. (served on plaintiff by regular mail) (alh, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
RAFAEL SOLAR,
Plaintiff,
-against-
9:10-CV-00341 (LEK/CFH)
C.O. R. LENNOX; NURSE NESMITH,
Great Meadow Correctional Facility; P.A.
TICHENOR, Upstate Correctional Facility;
C.O. R. LENNOX, Great Meadow
Correctional Facility; DR. THOMPSON,
Great Meadow Correctional Facility; and
CAPTAIN ROWE, Great Meadow
Correctional Facility,
Defendants.
DECISION and ORDER
This matter comes before the Court following a Report-Recommendation filed on May 23,
2012 by the Honorable David R, Homer,1 United States Magistrate Judge, pursuant to 28 U.S.C.
§ 636(b) and Northern District of New York Local Rule 72.3(d). Dkt. No. 120 (“ReportRecommendation”).
Within fourteen days after a party has been served with a copy of a magistrate judge’s reportrecommendation, the party “may serve and file specific, written objections to the proposed findings
and recommendations.” FED . R. CIV . P. 72(b); N.D.N.Y. L.R. 72.1(c). “If no objections are filed . .
. reviewing courts should review a report and recommendation for clear error.” Edwards v. Fischer,
414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006) (citations omitted).
Here, no objections have been raised in the allotted time with respect to Magistrate Judge
1
Due to Judge Homer’s retirement, the case has since been reassigned to the Honorable
Christian F. Hummel, United States Magistrate Judge. Dkt. No. 124.
Homer’s Report-Recommendation. See generally Dkt. Plaintiff requested an extension of time to
file objections to the Report-Recommendation, which was granted. Dkt. No. 121 (and
accompanying Text Order). Plaintiff failed to file objections during this extension. See generally
Dkt. After a thorough review of the Report-Recommendation and the record, the Court has
determined that the Report-Recommendation is not subject to attack for clear error or manifest
injustice.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 120) is APPROVED and
ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants’ Motion for summary judgment (Dkt. No. 98) is GRANTED
as to all defendants and all claims; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Decision and Order upon the
parties to this action.
IT IS SO ORDERED.
DATED:
September 10, 2012
Albany, New York
2
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