Lee v. Graziano

Filing 35

ORDER: ORDERED, that Magistrate Judge Hummel's March 18, 2014 33 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. ORDERED, that Defendant's 32 motion to dismiss is GRANTED. ORDERED, that Plaintiff's amended complaint is DISMISSED with prejudice. Signed by Senior Judge Frederick J. Scullin, Jr on 4/9/14. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
BRANDON LEE,
Plaintiff,
v.

9:12-CV-1018
(FJS/CFH)

MICHAEL GRAZIANO, Superintendent,
Greene Correctional Facility,
Defendant.
_____________________________________________
APPEARANCES

OF COUNSEL

BRANDON LEE
6 Rainbow Lane
Amityville, New York 11701
Plaintiff pro se
OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendant

KEVIN M. HAYDEN, AAG

SCULLIN, Senior Judge
ORDER
Currently before the Court is Magistrate Judge Hummel's March 18, 2014 ReportRecommendation and Order, in which he recommended that this Court grant Defendant's motion
to dismiss, see Dkt. No. 32, and dismiss Plaintiff’s amended complaint, see Dkt. No. 13, with
prejudice. The parties did not file any objections to these recommendations.

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 Hummel's March 18, 2014 ReportRecommendation and Order for clear error and manifest injustice; and, finding none, the Court
hereby
ORDERS that Magistrate Judge Hummel’s March 18, 2014 Report-Recommendation
and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Defendant's motion to dismiss is GRANTED; and the Court further
ORDERS that Plaintiff’s amended complaint is DISMISSED with prejudice; 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: April 9, 2014
Syracuse, New York

-2-