UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

JAVELL FOX,

Plaintiff, 9:19-cv-0498 (BKS/ATB)

v.

BERNARD SHEFTIC,

Defendant.

Appearances: Plaintiff, pro se: Javell Fox 12-B-1626 Great Meadow Correctional Facility Box 51 Comstock, NY 12821 For Defendant: Letitia James New York State Attorney General William E. Arnold, IV Assistant Attorney General New York State Attorney General’s Office 300 South State Street, Suite 300 Syracuse, NY 13202 Hon. Brenda K. Sannes, United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Javell Fox, a New York State inmate, brings this action asserting claims under

arising out of his incarceration at the Auburn Correctional Facility. (Dkt. No. 16). On July 2, 2020, Plaintiff filed a motion for summary judgment. (Dkt. No. 29). On August 17, 2020, Defendant filed a response and a cross-motion for summary judgment. (Dkt. No. 39). This matter was assigned to United States Magistrate Judge Andrew T. Baxter who, on November 24, 2020, issued a Report-Recommendation recommending that Plaintiff’s motion for summary judgment be denied, that Defendant’s cross-motion for summary judgment be granted and that Plaintiff’s complaint be dismissed with prejudice. (Dkt. No. 48). Magistrate Judge Baxter advised the parties that under

(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. 48, at 22). 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,

(N.D.N.Y. 2012) (citing Fed. R. Civ. P. 72(b), Advisory Committee Notes to 1983 amendment). Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report- Recommendation. For these reasons, it is ORDERED that the Report-Recommendation (Dkt. No. 48) is ADOPTED; and it is

further ORDERED that Plaintiff’s motion for summary judgment (Dkt. No. 29) is DENIED; and it is further ORDERED that Defendant’s cross-motion for summary judgment (Dkt. No. 39) is GRANTED; and it is further ORDERED that Plaintiff’s amended complaint (Dkt. No. 16) is DISMISSED with prejudice; 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: December 29, 2020 Syracuse, New York

Brrr of CA kK nannies Brenda K. Sannes U.S. District Judge