Williams v. Badolato et al

Filing 22

DECISION AND ORDER: ORDERED that Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 19 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Plaintiff's Complaint (Dkt. No. 1 ) is DISMISSED. ORDERED that the Clerk of the Court shall enter Judgment for Defendant and close this action. Signed by Chief Judge Glenn T. Suddaby on 11/17/16. {order served via regular and via certified mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
LAMONT WILLIAMS,
Plaintiff,
9:16-CV-613
(GTS/DEP)

v.
C.O. BADOLATO,
Defendant.
__________________________________________
APPEARANCES:

OF COUNSEL:

LAMONT WILLIAMS
Plaintiff, Pro Se
15 Endicott Ave, Apt. #7
Johnson City, New York 13790
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 Lamont
Williams (“Plaintiff”) against the above-captioned employee of the New York State Department
of Corrections and Community Supervision (“Defendant”), is United States Magistrate David E.
Peebles’ Report-Recommendation recommending that Plaintiff’s Complaint be dismissed in its
entirety for failure to comply with an Order of the Court pursuant to Fed. R. Civ. P. 41(b). (Dkt.
No. 19.) Plaintiff has not filed an Objection to the Report-Recommendation, and the deadline in
which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the
relevant papers herein, including Magistrate Judge Peebles’ thorough Report-Recommendation,
the Court can find no clear-error in the Report-Recommendation:1 Magistrate Judge Peebles

1

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

employed the proper standards, accurately recited the facts, and reasonably applied the law to
those facts. As a result, the Report-Recommendation is accepted and adopted in its entirety for
the reasons set forth therein. (Dkt. No. 19, at Part II.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Peebles’ Report-Recommendation (Dkt. No. 19) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED; and it is further
ORDERED that the Clerk of the Court shall enter Judgment for Defendant and close this
action.
Dated: November 17, 2016
Syracuse, New York
____________________________________
HON. GLENN T. SUDDABY
Chief United States District Judge

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