Lynch v. Fonda et al

Filing 41

ORDER: ORDERED that the Report-Recommendation (Dkt. No. 37 ) is ADOPTED in its entirety. ORDERED that defendants' motion for summary judgment (Dkt. No. 33 ) is GRANTED and the amended complaint (Dkt. No. 10 ) is DISMISSED. ORDERED that the Clerk is directed to close this case. Signed by Senior Judge Gary L. Sharpe on 6/30/17. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
AMAHAL LYNCH,
Plaintiff,

9:14-cv-995
(GLS/DJS)

v.
STEVEN RACETTE et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
Amahal Lynch
Pro Se
12-A-1925
Clinton Correctional Facility - Annex
P.O. Box 2002
Dannemora, NY 12929
FOR THE DEFENDANT:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, New York 12224

DENISE P. BUCKLEY
Assistant Attorney General

Gary L. Sharpe
Senior District Judge
ORDER
On May 8, 2017, Magistrate Judge Daniel J. Stewart filed a Report-

Recommendation and Order (R&R), which recommends that defendants’
motion for summary judgment be granted. (Dkt. No. 37.) Shortly
thereafter, plaintiff pro se Amahal Lynch filed a document that he labeled
“Appeal.” (Dkt. No. 38.) The court, finding that no appealable order
existed, construed Lynch’s “Appeal” as objections to the R&R and afforded
him additional time to augment his objections. (Dkt. No. 39.) Lynch has
not filed anything in addition to his “Appeal” and the court now addresses
the filing to the extent it can be construed to object to the R&R.
Lynch’s objections are in a word bizarre. (Dkt. No. 38.) For reasons
not clear to the court, Lynch devotes the majority of them to his
commentary on “Dateline NBC’s ‘To Catch a Predetor’ [sic].” (Id.) After
careful review, the court discerns no specific objection to the R&R, which
triggers review for clear error only. See Almonte v. N.Y.S. Div. of Parole,
No. Civ. 904CV484, 2006 WL 149049, at *5-*6 (N.D.N.Y. Jan. 18, 2006).
Finding no clear error, the R&R, (Dkt. No. 37), is adopted in its entirety.
Accordingly, it is hereby
ORDERED that the Report-Recommendation (Dkt. No. 37) is
ADOPTED in its entirety; and it is further
ORDERED that defendants’ motion for summary judgment (Dkt. No.
2

33) is GRANTED and the amended complaint (Dkt. No. 10) is DISMISSED;
and it is further
ORDERED that the Clerk is directed to close this case; and it is
further
ORDERED that the clerk provide a copy of this Order to the parties in
accordance with the Local Rules of Practice.
IT IS SO ORDERED.
June 30, 2017
Albany, New York

3