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, )

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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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