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Seuffert v. Donovan, 9:13-CV-1303 (FJS/DEP). (2016)

Court: District Court, N.D. New York Number: infdco20160229a81 Visitors: 6
Filed: Feb. 26, 2016
Latest Update: Feb. 26, 2016
Summary: ORDER FREDERICK J. SCULLIN, Jr. , Senior District Judge . Currently before the Court is Magistrate Judge Peebles' February 5, 2016 Report and Recommendation, in which he recommended that this Court grant Defendant Donovan's second motion for summary judgment and dismiss Plaintiff's remaining claims. See Dkt. 33. The parties did not file any objections to this recommendation. When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommen
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ORDER

Currently before the Court is Magistrate Judge Peebles' February 5, 2016 Report and Recommendation, in which he recommended that this Court grant Defendant Donovan's second motion for summary judgment and dismiss Plaintiff's remaining claims. See Dkt. 33. The parties did not file any objections to this 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. 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 Peebles' February 5, 2016 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Peebles' February 5, 2016 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Defendant Donovan's second motion for summary judgment, see Dkt. No. 23, is GRANTED; and the Court further

ORDERS that Plaintiff's remaining claims are DISMISSED; 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.

Source:  Leagle

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