Mayo v. Phillips et al

Filing 40

ORDER: ORDERED, that Magistrate Judge Baxter's January 20, 2015 39 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein. ORDERED that Defendants' amended motion for summary judgment, see Dkt. No. 29 , is GR ANTED. ORDERED that the remaining claims in Plaintiff's complaint are DISMISSED in their entirety. 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 2/13/15. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_______________________________________________________
MATTHEW J. MAYO,
Plaintiff,
v.
T. PHILLIPS, Sergeant, Upstate Correctional Facility; A.
SOUTHWORTH, Correction Officer, Upstate Correctional
Facility; L. LABARGE, Correction Officer, Upstate Correctional
Facility; RENDLE, Lieutenant, Upstate Correctional Facility;
JOHN DOE #1, Correction Officer, Upstate Correctional Facility;
DAVID A. ROCK, Superintendent, Upstate Correctional Facility;
and JOHN DOE #2, Correction Officer, Upstate Correctional
Facility,

9:13-CV-1240
(FJS/ATB)

Defendants.
______________________________________________________

APPEARANCES

OF COUNSEL

MATTHEW J. MAYO
11-B-0220
Elmira Correctional Facility
P. O. Box 500
Elmira, New York 14902
Plaintiff pro se
OFFICE OF THE NEW YORK STATE
ATTORNEY GENERAL
615 Erie Boulevard West
Suite 102
Syracuse, New York 13204-2455
Attorneys for Defendants
SCULLIN, Senior Judge

TIMOTHY P. MULVEY, AAG

ORDER
Currently before the Court is Magistrate Judge Baxter's January 20, 2015 ReportRecommendation, in which he recommended that this Court grant Defendants’ amended motion
for summary judgment and dismiss Plaintiff’s remaining claims in the complaint in their entirety.
See Dkt. 39. 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 January 20, 2015 ReportRecommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Baxter’s January 20, 2015 Report-Recommendation is
ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Defendants’ amended motion for summary judgment, see Dkt. No. 29, is
GRANTED; and the Court further
ORDERS that the remaining claims in Plaintiff’s complaint are DISMISSED in their
entirety; 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: February 13, 2015
Syracuse, New York

-3-