Velleca v. Pangburn

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

PAUL VELLECA,

Plaintiff, 9:20-cv-887 (BKS/DJS)

v.

ROBERT PANGBURN, et al.,

Defendants.

Appearances: Plaintiff pro se: Paul Velleca 20-B-0586 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051 For Defendants: Frank W. Miller Thomas J. Murphy The Law Firm of Frank W. Miller 6575 Kirkville Road East Syracuse, NY 13057 Hon. Brenda K. Sannes, United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Paul Velleca, a New York State inmate proceeding pro se, commenced this civil rights action under 42 U.S.C. § 1983, raising claims arising out of his incarceration at the Delaware County Jail. (Dkt. No. 1). On October 22, 2021, Defendants filed a motion for summary judgment under Fed. R. Civ. P. 56. (Dkt. No. 27). The motion was fully briefed, with a response filed by Plaintiff and a reply filed by Defendants. (Dkt. Nos. 34, 40). This matter was referred to United States Magistrate Judge Daniel J. Stewart who, on June 2, 2022, issued a Report-Recommendation recommending that Defendants’ motion for summary judgment be denied. (Dkt. No. 42). Magistrate Judge Stewart 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. (/d. at 12-13). 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. 42) is ADOPTED in its entirety; and it is further ORDERED that Defendants’ motion for summary judgment (Dkt. No. 27) 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 ISSO ORDERED. Dated: July 1, 2022 . Syracuse, New York brerr of CA Kc SS nN □□ Brenda K. Sannes U.S. District Judge