Price v. Cully et al, No. 9:2011cv00977 - Document 24 (N.D.N.Y 2012)

Court Description: DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 23 ) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion (Dkt. No. 17 ) for summary judgment is GRANTED. Signed by Senior Judge Lawrence E. Kahn on 9/18/2012. (ptm) (Copy served on plaintiff by regular mail)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK WALTER PRICE, Plaintiff, -against- 9:11-CV-00977 (LEK/TWD) MALCOLM CULLY; JEROME L. NICOLATO; and NEW YORK STATE BOARD OF PAROLE COMMISSIONERS, Defendants. DECISION and ORDER This matter comes before the Court following a Report-Recommendation filed on August 30, 2012 by the Honorable Thérèse W. Dancks, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Northern District of New York Local Rule 72.3(d). Dkt. No. 23 ( ReportRecommendation ). Within fourteen days after a party has been served with a copy of a magistrate judge s reportrecommendation, the party may serve and file specific, written objections to the proposed findings and recommendations. FED . R. CIV . P. 72(b); N.D.N.Y. L.R. 72.1(c). If no objections are filed . . . reviewing courts should review a report and recommendation for clear error. Edwards v. Fischer, 414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006) (citations omitted). Here, no objections have been raised in the allotted time with respect to Magistrate Judge Dancks s Report-Recommendation. See generally Dkt. After a thorough review of the ReportRecommendation and the record, the Court has determined that the Report-Recommendation is not subject to attack for clear error or manifest injustice. Accordingly, it is hereby: ORDERED, that the Report-Recommendation (Dkt. No. 23) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion (Dkt. No. 17) for summary judgment is GRANTED; and it is further ORDERED, that the Clerk of the Court serve a copy of this Decision and Order upon the parties to this action. IT IS SO ORDERED. DATED: September 18, 2012 Albany, New York 2

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