Dailey v. Walsh et al

Filing 21

ORDER adopting the 20 Report and Recommendations and granting the 16 Motion for Summary Judgment. The Complaint is dismissed in its entirety. Signed by Judge Brenda K. Sannes on 1/11/17. (Copy served on plaintiff via regular mail)(rjb, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________________
ALPHEAUS DAILEY, JR., also
known as Alphaeus Dailey, Jr.,
Plaintiff,
v.

9:15-CV-1051 (BKS/TWD)

JOSHUA FULLER, Deputy formerly
known as Mr. Foley, et al.,
Defendants.
________________________________________________
Appearances:
Alpheaus Dailey, Jr.
13-B-1253
Franklin Correctional Facility
P.O. Box 10
Malone, NY 12953
Plaintiff, pro se
Carol L. Rhinehart, Esq.
Onondaga County Department of Law
John H. Mulroy Civic Center
421 Montgomery Street, 12th Floor
Syracuse, NY 13202
Attorney for Defendants
Hon. Brenda K. Sannes, United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Alpheaus Dailey, Jr., a New York State inmate, commenced this civil rights
action asserting claims under 42 U.S.C. § 1983 arising out of his previous confinement at the
Onondaga County Justice Center. Dkt. No. 1. In his complaint, Plaintiff alleges that Defendants
Fuller and Irving were deliberately indifferent to his medical needs. Dkt. No. 1. On July 25,
2016, Defendants filed a motion for summary judgment under Fed. R. Civ. P. 56. Dkt. No. 16.

Plaintiff did not file a response to the motion despite having been given notice of the filing
deadline and the consequence of failing to respond. Dkt. No. 18. This matter was referred to
United States Magistrate Judge Thérèse Wiley Dancks who, on December 5, 2016, issued an
Order and Report and Recommendation recommending that Defendants’ motion for summary
judgment be granted and that the complaint be dismissed in its entirety. Dkt. No. 20. Magistrate
Judge Dancks advised the parties that under 28 U.S.C. § 636(b)(1), they had fourteen days within
which to file written objections to the report, and that the failure to object to the report within
fourteen days would preclude appellate review. Dkt. No. 20, p. 25. No objections to the Report
and Recommendation have been filed.
As no objections to the Report and Recommendation have been filed, and the time for
filing objections has expired, the Court reviews the Report and Recommendation for clear error.
See Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b)
advisory committee’s note to 1983 amendment. Having reviewed the Report and
Recommendation for clear error and found none, the Report and Recommendation is adopted in
its entirety.
For these reasons, it is
ORDERED that the Report and Recommendation (Dkt. No. 20) is ADOPTED in its
entirety; and it is further
ORDERED that Defendants’ motion for summary judgment (Dkt. No. 16) is
GRANTED and the Complaint (Dkt. No. 1) is dismissed in its entirety; and it is further
ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with

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the Local Rules.
IT IS SO ORDERED.
Dated: January 11, 2017

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