Thompson v. Carlsen

Full title: NILAS THOMPSON, III, Plaintiff, v. SCOTT C. CARLSEN, Superintendent…

Court: United States District Court, N.D. New York

Date published: Sep 7, 2010

9:08-CV-965 (FJS/ATB) (N.D.N.Y. Sep. 7, 2010)

Opinion

9:08-CV-965 (FJS/ATB).

September 7, 2010

NILAS THOMPSON, III 07-R-4486, Attica Correctional Facility, Attica, New York, Plaintiff pro se.

JUSTIN C. LEVIN, AAG, OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL, Albany, New York, Attorneys for Defendants.

ORDER

FREDERICK SCULLIN JR., Chief Judge

Plaintiff commenced this action on September 12, 2008. See Dkt. No. 1. On December 30, 2009, Defendants Carlsen and Taylor filed a motion for summary judgment.¹ See Dkt. No. 24. After seeking and receiving two extensions of time, Plaintiff failed to file any papers in opposition to that motion. See Dkt No. 26; Text Order dated February 2, 2010; Dkt. No. 27; Text Order dated March 29, 2010. In a Report-Recommendation dated August 16, 2010, Magistrate Judge Baxter recommended that the Court grant Defendants' motion for summary judgment and dismiss the complaint in its entirety. See Dkt. No. 29 at 33-34. Plaintiff did not file any objections to this recommendation.

1 Defendants Carlsen and Taylor are the only two named Defendants who have been served with the complaint. See Dkt. Nos. 6-7.

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. 9:05-CV-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 Baxter's August 16, 2010 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Baxter's August 16, 2010 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendants' motion for summary judgment is GRANTED in its entirety and Plaintiff's complaint is DISMISSED against all Defendants in all respects; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants 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: September 7, 2010

Syracuse, New York