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Young v. PolizziYoung v. Polizzi

District Court, N.D. New York
Aug 16, 2018
9:16-cv-00660
Reporters:
,
Before:
Frederick J. Scullin Jr.

ORDER

Plaintiff asserts claims against Defendant Polizzi pursuant to 42 U.S.C. § 1983 and Title II of the Americans with Disabilities Act (“ADA“), 42 U.S.C. § 12101 et seq. See Dkt. No. 16 (“Amended Complaint“).

Pending before the Court is Magistrate Judge Hummel‘s July 11, 2018 Report-Recommendation and Order, see Dkt. No. 50, in which he recommended that the Court grant Defendant‘s motion for summary judgment, see Dkt. No. 48. Plaintiff did not file a response in opposition to Defendant‘s motion nor did he file any objections to Magistrate Hummel‘s 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.” Ward v. Lee, No. 9:16-CV-1224, 2018 WL 3574872, *1 (N.D.N.Y. July 25, 2018) (citation 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 Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (quoting 28 U.S.C. § 636(b)(1)(C))).

The Court has reviewed Magistrate Judge Hummel‘s July 11, 2018 Report-Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Hummel‘s July 11, 2018 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, see Dkt. No. 48, is GRANTED; and the Court further

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

Dated: August 16, 2018
Syracuse, New York

Frederick J. Scullin, Jr.

Senior United States District Judge

Case Details

Case Name: Young v. Polizzi
Court Name: District Court, N.D. New York
Date Published: Aug 16, 2018
Citations: 2018 WL 3949942; 9:16-cv-00660
Docket Number: 9:16-cv-00660
Court Abbreviation: N.D.N.Y.
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