Filed: Nov. 15, 2010
Latest Update: Nov. 15, 2010
Summary: ORDER FREDERICK J. SCULLIN, Senior Judge. Currently before the Court is Magistrate Judge Baxter's September 21, 2010 Order and Report-Recommendation, in which he denied Plaintiff's letter-motion to "substitute" David Rock as a defendant, recommended that this Court deny Plaintiff's letter-motion to amend his amended complaint to add Lieutenant Sawyer and a "John Doe" Deputy Superintendent, and recommended that this Court sua sponte dimiss Plaintiff's amended complaint in its entirety with pr
Summary: ORDER FREDERICK J. SCULLIN, Senior Judge. Currently before the Court is Magistrate Judge Baxter's September 21, 2010 Order and Report-Recommendation, in which he denied Plaintiff's letter-motion to "substitute" David Rock as a defendant, recommended that this Court deny Plaintiff's letter-motion to amend his amended complaint to add Lieutenant Sawyer and a "John Doe" Deputy Superintendent, and recommended that this Court sua sponte dimiss Plaintiff's amended complaint in its entirety with pre..
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ORDER
FREDERICK J. SCULLIN, Senior Judge.
Currently before the Court is Magistrate Judge Baxter's September 21, 2010 Order and Report-Recommendation, in which he denied Plaintiff's letter-motion to "substitute" David Rock as a defendant, recommended that this Court deny Plaintiff's letter-motion to amend his amended complaint to add Lieutenant Sawyer and a "John Doe" Deputy Superintendent, and recommended that this Court sua sponte dimiss Plaintiff's amended complaint in its entirety with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). See Dkt. No. 51 at 18-19. The parties have not filed any objections to these recommendations.1
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 September 21, 2010 Order and Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Baxter's September 21, 2010 Order and Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Plaintiff's letter-motion to "substitute" David Rock as a defendant is DENIED; and the Court further
ORDERS that Plaintiff's letter-motion to amend his amended complaint to add Lieutenant Sawyer and a "John Doe" Deputy Superintendent is DENIED; and the Court further
ORDERS that Plaintiff's amended complaint is sua sponte DISMISSED in its entirety with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); 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.
