Wellington v. Langendors et al

Filing 47

ORDER: ORDERED, that Magistrate Judge Peebles' January 5, 2015 46 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein. ORDERED that Defendant's motion for summary judgment, See Dkt. No. 42 , is GRANTED. ORDERED that Plaintiff's amended complaint is DISMISSED in its entirety. ORDERED that the Clerk of the Court shall enter judgment in favor of Defendant and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 1/28/15. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_______________________________________________________
ERIC WELLINGTON,
Plaintiff,
v.

9:12-CV-1019
(FJS/DEP)

C.O. B. LANGENDORF,
Defendant.
______________________________________________________
APPEARANCES

OF COUNSEL

ERIC WELLINGTON
09-A-0622
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562
Plaintiff pro se
OFFICE OF THE NEW YORK STATE
ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendant

CHRISTOPHER W. HALL, AAG

SCULLIN, Senior Judge

ORDER
Currently before the Court is Magistrate Judge Peebles' January 5, 2015 Report and
Recommendation, in which he recommended that this Court grant Defendant’s motion for
summary judgment and dismiss Plaintiff’s amended complaint in its entirety. 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 Peebles' January 5, 2015 Report and
Recommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Peebles’ January 5, 2015 Report and Recommendation
is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Defendant’s motion for summary judgment, See Dkt. No. 42, is
GRANTED; and the Court further
ORDERS that Plaintiff’s amended complaint is DISMISSED in its entirety; and the
Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and
close this case; 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: January 28, 2015
Syracuse, New York

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