Rodriguez v. Cross et al

Filing 44

DECISION AND ORDER: ORDERED that Magistrate Judge Hummel's Report-Recommendation (Dkt. No. 40 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for summary judgment (Dkt. No. 26 ) is GRANTED. ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED in its entirety without prejudice. ORDERED that the Clerk of the Court shall enter Judgment for Defendants and close this action. Signed by Chief Judge Glenn T. Suddaby on 6/27/17. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
___________________________________________
EDY RODRIGUEZ,
Plaintiff,
9:15-CV-1079
(GTS/CFH)

v.
J. CROSS, Sergeant, Clinton Corr. Fac.;
R. FURNIA, Sergeant, Clinton Corr. Fac.;
G. FALCON, Corr. Officer, Clinton Corr. Fac.;
and J. ROBERTS, Corr. Officer, Clinton Corr. Fac.,
Defendants.
___________________________________________
APPEARANCES:

OF COUNSEL:

EDY RODRIGUEZ, No. 8951602009
Plaintiff, Pro Se
Anna M. Kross Center
18-18 Hazen Street
East Elmhurst, New York 11370
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Counsel for Defendants
The Capitol
Albany, New York 12224

CHRISTOPHER J. HUMMEL, ESQ.
Assistant Attorney General

GLENN T. SUDDABY, Chief United States District Judge
DECISION and ORDER
Currently before the Court, in this pro se prisoner civil rights action filed by Edy
Rodriguez (“Plaintiff”) against the four above-captioned employees of the New York State
Department of Corrections and Community Supervision at Clinton Correctional Facility in
Dannemora, New York (“Defendants”), are Defendants’ motion for summary judgment seeking
dismissal of Plaintiff’s Complaint for failure to exhaust his administrative remedies, and United
States Magistrate Judge Christian F. Hummel’s Report-Recommendation recommending that

Defendants’ motion be granted and that Plaintiff’s Complaint be dismissed in its entirety without
prejudice.1 (Dkt. Nos. 26, 40.) Plaintiff has not filed an Objection to the ReportRecommendation despite having received an extension of the filing deadline, which has expired.
(Dkt. No. 42.)
After carefully reviewing the relevant papers herein, including Magistrate Judge
Hummel’s thorough Report-Recommendation, the Court can find no clear-error in the ReportRecommendation.2 Magistrate Judge Hummel employed the proper standards, accurately recited
the facts, and reasonably applied the law to those facts. (Dkt. No. 40.) As a result, the ReportRecommendation is accepted and adopted in its entirety for the reasons set forth therein;
Defendants’ motion for summary judgment is granted; and Plaintiff’s Complaint is dismissed in
its entirety without prejudice.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Hummel’s Report-Recommendation (Dkt. No. 40) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendants’ motion for summary judgment (Dkt. No. 26) is
GRANTED; and it is further

1

The Court notes that Assistant Attorney General Christopher J. Hummel is of no
relation to U.S. Magistrate Judge Christian F. Hummel.
2

When no objection is made to a report-recommendation, the Court subjects that
report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee
Notes: 1983 Addition. When performing such a “clear error” review, “the court need only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1
(S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am permitted to adopt those sections of [a
magistrate judge’s] report to which no specific objection is made, so long as those sections are
not facially erroneous.”) (internal quotation marks omitted).
2

ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED in its entirety
without prejudice; and it is further
ORDERED that the Clerk of the Court shall enter Judgment for Defendants and close
this action.
Dated: June 27, 2017
Syracuse, New York
____________________________________
HON. GLENN T. SUDDABY
Chief United States District Judge

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