Agee v. Cuomo

• Court: District Court, N.D. New York
• Decided: April 20, 2020
• Docket: 9:19-cv-00057
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

J’KENDRIC JIRELLE AGEE,

Plaintiff, 9:19-cv-00057 (BKS/ATB)

v.

TROY MITCHELL, et al.,

Defendants.

Appearances: Plaintiff, pro se: J’kendric Jirelle Agee Niagara Falls, NY For Defendants: Letitia James Attorney General for the State of New York Aimee Cowan 300 South State Street Suite 300 Syracuse, NY 13202 Hon. Brenda K. Sannes, United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff J’kendric Jirelle Agee, a former New York State inmate proceeding pro se, commenced this civil rights action under 42 U.S.C. § 1983 asserting claims arising out of his incarceration at the Auburn Correctional Facility and Cayuga County Jail. (Dkt. No. 14). On January 2, 2020, Defendant Keith Vincent 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. 46). Plaintiff did not file a response. Defendant Vincent filed a letter in further support of the motion on February 3, 2020. (Dkt. No. 52). This matter was referred to United States Magistrate Judge Andrew T. Baxter who, on March 23, 2020, issued a Report-Recommendation recommending that Defendant’s motion to dismiss be denied. (Dkt. No. 54). Magistrate Judge Baxter advised the parties that under 28 U.S.C. § 636(b)(1), they had fourteen days within which to file written objections to the report, and that the failure to object to the report within fourteen days would preclude appellate review. (Dkt. No. 54, at 8-9). No objections 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. 54) is ADOPTED in its entirety; and it is further ORDERED that Defendant Vincent’s motion to dismiss (Dkt. No. 46) 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. Dated: April 20, 2020 □ Syracuse, New York Aer ber Korres BrendaK.Sannes U.S. District Judge