Young v. Doe et al
Filing
52
ORDER: The Court has reviewed Magistrate Judge Hummel's July 11, 2018 50 Report-Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Hummel's July 11, 2018 Rep ort-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. 48 , is GRANTED; and the Court further 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 8/16/18. (served on plaintiff by regular mail) (alh, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_________________________________________________
JOHN SHICOBRA YOUNG also known as
J. Shicobra Young,
Plaintiff
v.
9:16-CV-660
(FJS/CFH)
CHO POLIZZI,
Defendant.
_________________________________________________
APPEARANCES
OF COUNSEL
JOHN SHICOBRA YOUNG
86-A-2673
Wende Correctional Facility
P.O. Box 1187
Alden, New York 14004
Plaintiff pro se
OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendant
ERIK BOULE PINSONNAULT, AAG
SCULLIN, Senior Judge
ORDER
Plaintiff asserts claims against Defendant Polizzi pursuant to 42 U.S.C. § 1983 and Title II
of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. See Dkt. No. 16
("Amended Complaint").
Pending before the Court is Magistrate Judge Hummel's July 11, 2018 ReportRecommendation and Order, see Dkt. No. 50, in which he recommended that the Court grant
Defendant's motion for summary judgment, see Dkt. No. 48. Plaintiff did not file a response in
opposition to Defendant's motion nor did he file any objections to Magistrate Hummel's
recommendation.
"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." Ward v. Lee, No. 9:16CV-1224, 2018 WL 3574872, *1 (N.D.N.Y. July 25, 2018) (citation 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 Linares v. Mahunik, No. 9:05-CV-625, 2009 WL
3165660, *10 (N.D.N.Y. July 16, 2009) (quoting 28 U.S.C. § 636(b)(1)(C))).
The Court has reviewed Magistrate Judge Hummel's July 11, 2018 Report-Recommendation
and Order for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Hummel's July 11, 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. 48, is GRANTED;
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: August 16, 2018
Syracuse, New York
-2-
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