White v. York et al

Filing 26

DECISION AND ORDER: ORDERED that the Court ADOPTS the Report-Recommendation and Order (dkt. # 24 ) for the reasons stated therein. The defendants' motion for summary judgment (dkt. # 20 ) is GRANTED and the action is DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 3/30/17. (served on plaintiff by regular) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
DANTE WHITE,
Plaintiff,
v.
9:15-CV-0640
NATHAN H. YORK, et al.,
Defendants.
________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon.

Daniel J. Stewart, United States Magistrate Judge, for a Report and Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge
Stewart’s March 10, 2017 Report-Recommendation and Order [dkt. # 24] have been filed,1
and the time to do so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Report-

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Defendants filed a letter, docketed as an objection, indicating that they “agree with the Court’s
decision to dismiss Plaintiff’s Complaint due to the legitimate penological interests of Defendants in denying
Plaintiff’s request for preferred religious meals.” Dkt. # 24. Defendants further contend, however, that “the
record before the Court provides an additional basis for dismissal on the ground that Plaintiff’s religious rights
were not substantially burdened.” Id. Because the Court adopts Magistrate Judge Stewart’s rationale to
dismiss the action, there is no reason to address Defendants’ alternative basis for dismissal.

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Recommendation and Order is not subject to attack f or plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ADOPTS the Report-Recommendation and Order [dkt. # 24]

for the reasons stated therein. The defendants’ motion for summary judgment [dkt. # 20] is
GRANTED and the action is DISMISSED.
IT IS SO ORDERED.
Dated: March 30, 2017

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