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Green v. Haimes, 9:18-cv-00703 (BKS/ATB). (2019)

Court: District Court, N.D. New York Number: infdco20190703f65 Visitors: 24
Filed: Jul. 02, 2019
Latest Update: Jul. 02, 2019
Summary: MEMORANDUM-DECISION AND ORDER BRENDA K. SANNES , District Judge . Plaintiff Hikeem Green commenced this pro se action under 42 U.S.C. 1983 asserting claims arising out of his confinement in the custody of the New York State Department of Corrections and Community Supervision. (Dkt. No. 1). On April 5, 2019, Defendants filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. (Dkt. No. 29). Plaintiff did not file a response to t
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MEMORANDUM-DECISION AND ORDER

Plaintiff Hikeem Green commenced this pro se action under 42 U.S.C. § 1983 asserting claims arising out of his confinement in the custody of the New York State Department of Corrections and Community Supervision. (Dkt. No. 1). On April 5, 2019, Defendants filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. (Dkt. No. 29). Plaintiff did not file a response to the motion. This matter was assigned to United States Magistrate Judge Andrew T. Baxter who, on May 23, 2019, issued a Report-Recommendation recommending that Defendant's motion to dismiss be denied. (Dkt. No. 33). Magistrate Judge Baxter advised the parties that, under 28 U.S.C. § 636(b)(1), they had 14 days within which to file written objections to the report and that the failure to object to the report within 14 days would preclude appellate review. (Dkt. No. 33, at 23).

No objections to the Report-Recommendation have been filed. As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue, 2 F.Supp.3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee's note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety.

For these reasons, it is

ORDERED that the Report-Recommendation (Dkt. No. 33) is ADOPTED in its entirety; and it is further

ORDERED that Defendant's motion to dismiss (Dkt. No. 29) is DENIED; and it is further

ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules.

IT IS SO ORDERED.

Source:  Leagle

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