Phillips v. Artus et al

Filing 52

ORDER: ORDERED, that Magistrate Judge Baxter's November 12, 2013 50 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein. ORDERED, that Defendants' 46 Motion to Dismiss Plaintiff's complaint in its ent irety with prejudice is GRANTED pursuant to Rules 37 and 41(b) of the Federal Rules of Civil Procedure. ORDERED, 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 12/6/13. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_______________________________________________________
RALPH BUCK PHILLIPS,
Plaintiff,
v.

9:12-CV-59
(FJS/ATB)

DALE ARTUS, Superintendent, sued in personal and
official capacity; T. POURPOSE, Correctional Officer,
sued in personal and official capacity; R. MOSELY,
Correctional Officer, sued in personal and official
capacity; C. TRUDEAU, Correctional Officer, sued in
personal and official capacity; D. AMO, Food Services
Administrator, sued in personal and official capacity;
JOHN DOE, Head Cook, sued in personal and official
capacity; ROBERT SHATTINGER, Director of
Nutritional Services, sued in personal and official
capacity; T. BROUSSEAU, I.G.R.C. Supervisor, sued in
personal and official capcacity; and K. BELLAMY, I.G.P.
Director, sued in personal and official capacity,
Defendants.
______________________________________________________
APPEARANCES

OF COUNSEL

RALPH BUCK PHILLIPS
06-B-3437
Upstate Correctional Facility
P. O. Box 2001
Malone, New York 12953
Plaintiff pro se
OFFICE OF THE NEW YORK STATE
ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendants
SCULLIN, Senior Judge

KRISTEN M. QUARESIMO, AAG
KELLY L. MUNKWITZ, AAG

ORDER
Currently before the Court is Magistrate Judge Baxter's November 12, 2013 ReportRecommendation, in which he recommended that this Court grant Defendants’ motion to dismiss
with prejudice pursuant to Federal Rules of Civil Procedure 37 and 41(b). See Dkt. 46. The
parties 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 November 12, 2013 ReportRecommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Baxter’s November 12, 2013 Report-Recommendation
is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Defendants’ motion to dismiss Plaintiff’s complaint in its entirety with
prejudice is GRANTED pursuant to Rules 37 and 41(b) of the Federal Rules of Civil Procedure;
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

-2-

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: December 6, 2013
Syracuse, New York

-3-