Self v. LaValley et al

Filing 84

DECISION and ORDER: ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 82 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendant's motion for summary judgment (Dkt. No. 64 ) is DENIED as moot. ORDERED that Plaintiff's Amended Complaint (Dkt. No. 44 ) is DISMISSED. ORDERED that the Clerk is directed to enter a Judgment for Defendants and CLOSE this case. Signed by Judge Glenn T. Suddaby on 1/23/15. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
DONALD R. SELF,
Plaintiff,
9:10-CV-1463
(GTS/TWD)

v.
THOMAS LAVALLEY, Superintendent;
KAREN LAPOLT, Deputy Superintendent of Programs;
STEPHEN ROWE, Captain of Corrections;
RON ATKINSON, Senior Spv. Counselor; and
S. HAHN, Officer of Corrections,
Defendants.
_____________________________________________
APPEARANCES:

OF COUNSEL:

DONALD R. SELF, 95-B-2539
Plaintiff, Pro Se
Otisville Correctional Facility
Box 8
Otisville, New York 10963
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Counsel for Defendants
The Capitol
Albany, New York 12224

TIFFINAY M. RUTNIK, ESQ.
Assistant Attorney General

GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
Currently before the Court, in this prisoner civil rights action filed pro se by Donald R.
Self (“Plaintiff”) against the five above-captioned New York State correctional employees
(“Defendants”), are Defendants’ motion for summary judgment and United States Magistrate
Judge Therese Wiley Dancks’ Report-Recommendation recommending that (1) Plaintiff’s
Complaint be dismissed for failure to prosecute and/or comply with a court order pursuant to

Fed. R. Civ. P. 41(b), and (2) that Defendants’ motion for summary judgment be denied as moot.
(Dkt. Nos. 64, 82.) Plaintiff has not filed an Objection to the Report-Recommendation and the
deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing
the relevant filings in this action, the Court can find no clear error in the ReportRecommendation: Magistrate Judge Dancks employed the proper legal standards, accurately
recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and
adopts the Report-Recommendation in its entirety for the reasons stated therein. (Dkt. No. 82.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 82) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendant’s motion for summary judgment (Dkt. No. 64) is DENIED
as moot; and it is further
ORDERED that Plaintiff’s Amended Complaint (Dkt. No. 44) is DISMISSED; and it is
further
ORDERED that the Clerk is directed to enter a Judgment for Defendants and CLOSE
this case.
The Court certifies, for purposes of 28 U.S.C. § 1915(a)(3), that any appeal taken from
this Decision and Order would not be taken in good faith.
Dated: January 23 , 2015
Syracuse, New York

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