Young v. Russo

Filing 37

ORDER: ORDERS that 36 Magistrate Judge Hummel's March 19, 2018 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. ORDERS that Defendant's motion for summary judgment, see Dkt. No. 32 , is GRANTED and Plaintiff's complaint is DISMISSED in its entirety with prejudice. ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 4/10/18. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________________
JOHN SHICOBRA YOUNG, also known as
J. Shicobra Young,
Plaintiff,
v.

9:16-CV-612
(FJS/CFH)

MR. RUSSO, CHO, Eastern N.Y. Correctional
Facility's Hearing Officer 12-18-15 and 12-28-15,
Defendant.
__________________________________________________
APPEARANCES

OF COUNSEL

JOHN SHICOBRA YOUNG
86-A-2673
Eastern New York Correctional Facility
Box 338
Napanoch, New York 12458
Plaintiff pro se
OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendant

COLLEEN D. GALLIGAN, AAG

SCULLIN, Senior Judge
ORDER
Plaintiff commenced this action pursuant to 42 U.S.C. § 1983 by filing a complaint alleging
that Defendant violated his constitutional rights under the Eighth and Fourteenth Amendments to the
United States Constitution. See Dkt. No. 2. On October 4, 2017, Defendant filed a motion for
summary judgment. See Dkt. No. 32. Plaintiff did not file any papers in opposition to that motion.
On March 19, 2018, Magistrate Judge Hummel issued a Report-Recommendation and Order, in
which he recommended that this Court grant Defendant's motion for summary judgment and dismiss

Plaintiff's complaint in its entirety with prejudice. See Dkt. No. 36 at 10. Plaintiff did not file any
objections to these recommendations within the required time frame.
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. 9:05CV-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 Hummel's March 19, 2018 Report-Recommendation
and Order for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Hummel's March 19, 2018 Report-Recommendation and
Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Defendant's motion for summary judgment, see Dkt. No. 32, is GRANTED and
Plaintiff's complaint is DISMISSED in its entirety with prejudice; and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close this
case; and the Court further
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: April 10, 2018
Syracuse New York

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