Rodriguez v. M. Goins, No. 9:2018cv01380 - Document 37 (N.D.N.Y 2020)

Court Description: DECISION AND ORDER: The Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 34 ) for the reasons stated therein. Defendant Goins's motion for summary judgment (Dkt. No. 23 ) is GRANTED and the claim against him is DISMISSED. Defendant Goins's letter-motion asking the Court to accept the Report-Recommendation and Order (Dkt. No. 35 ) is DENIED as moot. The Clerk of the Court may close the file in this matter. Signed by Senior Judge Thomas J. McAvoy on 10/20/2020. (Copy served via regular mail)(meb)

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Rodriguez v. M. Goins Doc. 37 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ WILLIE RODRIGUEZ, Plaintiff, v. 9:18-CV-1380 M. GOINS, Defendant. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Daniel J. Stewart, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Plaintif f alleges that Defendant Goins, a corrections officer at the Ulster County Law Enforcement Center, violated his constitutional rights by failing to intervene and protect him from a physical assault by a fellow inmate. Defendant Goins moves for summary judgment on the bases that (1) Plaintiff’s claim fails as a matter of law; and (2) Defendant Goins is entitled to qualified immunity. Dkt. No. 23. In his August 17, 2020 Report-Recommendation and Order (Dkt. No. 34), Magistrate Judge Stewart recommends that Defendant Goins’s motion for summary judgment be granted on both bases. No objections to the ReportRecommendation and Order have been filed, and the time to do so has expired. 1 Dockets.Justia.com II. DISCUSSION After examining the record, this Court has determined that the Report- Recommendation and Order is not subject to attack f or plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 34) for the reasons stated therein. Defendant Goins’s motion for summary judgment (Dkt. No. 23) is GRANTED and the claim against him is DISMISSED. Defendant Goins’s letter-motion asking the Court to accept the ReportRecommendation and Order (Dkt. No. 35) is DENIED as moot. The Clerk of the Court may close the file in this matter. IT IS SO ORDERED. Dated:October 20, 2020 2

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