Price v. Cully et al

Filing 24

DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 23 ) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion (Dkt. No. 17 ) for summary judgment is GRANTED. Signed by Senior Judge Lawrence E. Kahn on 9/18/2012. (ptm) (Copy served on plaintiff by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
WALTER PRICE,
Plaintiff,
-against-

9:11-CV-00977 (LEK/TWD)

MALCOLM CULLY; JEROME
L. NICOLATO; and NEW YORK STATE
BOARD OF PAROLE
COMMISSIONERS,
Defendants.

DECISION and ORDER
This matter comes before the Court following a Report-Recommendation filed on August
30, 2012 by the Honorable Thérèse W. Dancks, 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. 23 (“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
Dancks’s Report-Recommendation. See generally Dkt. After a thorough review of the ReportRecommendation 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. 23) is APPROVED and
ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants’ Motion (Dkt. No. 17) for summary judgment is GRANTED;
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 18, 2012
Albany, New York

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