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RODRIGUEZ v. DROLLETTE, 9:10-CV-88. (2012)

Court: District Court, N.D. New York Number: infdco20121102h54 Visitors: 2
Filed: Oct. 31, 2012
Latest Update: Oct. 31, 2012
Summary: ORDER FREDERICK J. SCULLIN, Jr., District Judge. Currently before the Court is Magistrate Judge Hummel's October 10, 2012 Report-Recommendation and Order, in which he recommended that this Court grant Defendant's motion for summary judgment. See Dkt. No. 67. The parties did not file any objections to its 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.
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ORDER

FREDERICK J. SCULLIN, Jr., District Judge.

Currently before the Court is Magistrate Judge Hummel's October 10, 2012 Report-Recommendation and Order, in which he recommended that this Court grant Defendant's motion for summary judgment. See Dkt. No. 67. The parties did not file any objections to its 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 Hummel's October 10, 2012 Report-Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Hummel's October 10, 2012 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 is GRANTED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants1 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.

FootNotes


1. By Order dated September 12, 2011, the Court granted Defendants Mitchell, Grimshaw and Baxter's motion for summary judgment. See Dkt. No. 59.
Source:  Leagle

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