Bey v. Miller, 9:14-cv-836 (GLS/TWD). (2016)
Court: District Court, N.D. New York
Number: infdco20161116e80
Visitors: 23
Filed: Nov. 15, 2016
Latest Update: Nov. 15, 2016
Summary: ORDER GARY L. SHARPE , Senior District Judge . The above-captioned matter comes to this court following an Order and Report and Recommendation (R&R) by Magistrate Judge Th r se, duly filed on October 19, 2016. (Dkt. No. 37.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, 1 and the court having reviewed the R&R for clear error, it is hereby ORDERED that the Orde
Summary: ORDER GARY L. SHARPE , Senior District Judge . The above-captioned matter comes to this court following an Order and Report and Recommendation (R&R) by Magistrate Judge Th r se, duly filed on October 19, 2016. (Dkt. No. 37.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, 1 and the court having reviewed the R&R for clear error, it is hereby ORDERED that the Order..
More
ORDER
GARY L. SHARPE, Senior District Judge.
The above-captioned matter comes to this court following an Order and Report and Recommendation (R&R) by Magistrate Judge Thérèse, duly filed on October 19, 2016. (Dkt. No. 37.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed,1 and the court having reviewed the R&R for clear error, it is hereby
ORDERED that the Order and Report and Recommendation (Dkt. No. 37) is ADOPTED in its entirety; and it is further
ORDERED that Defendants' motion for summary judgment (Dkt. No. 27) be GRANTED; and it is further
ORDERED that Bey's amended complaint (Dkt. No. 11) is DISMISSED; and it is further
ORDERED that the Clerk close this case; and it is further
ORDERED that the Clerk serve a copy of this order upon the parties in accordance with the court's Local Rules.
IT IS SO ORDERED.
FootNotes
1. Plaintiff's only filing submitted after the R&R was issued does not contain any objections to the R&R. (Dkt. No. 38.) Even if the court were to construe that filing as an attempt to object, it would trigger review for clear error only. See Almonte v. N.Y.S. Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at *4-5 (N.D.N.Y. Jan. 18, 2006). As explained above, the court has carefully reviewed the R&R for clear error even in the absence of any objections.
Source: Leagle
