UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

ERIC LYNCH,

Plaintiff, 9:20-cv-63 (BKS/ATB)

v.

COUNTY OF HERKIMER, DEPUTY JAILER SHEPPARD, DEPUTY JAILER AEILLO, and JONATHAN HADDEN,

Defendants.

Appearances: Plaintiff pro se: Eric Lynch 18-B-0755 Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902 For Defendants: Corey A Ruggiero April J. Laws Gregg T. Johnson Hannah Hyde Hage Johnson & Laws, LLC 646 Plank Road, Suite 205 Clifton Park, NY 12065 Hon. Brenda K. Sannes, United States District Judge: MEMORANDUM-DECISION AND ORDER On January 16, 2020, Defendants removed this action, which was commenced by Plaintiff Eric Lynch, a New York State inmate, in Herkimer County Supreme Court asserting claims under

arising out of his incarceration. (Dkt. Nos. 1, 2). On May 14, 2021, Defendants filed a motion for summary judgment under Fed. R. Civ. P. 56 seeking dismissal of the complaint. (Dkt. No. 55). The motion was fully briefed, with a response from Plaintiff, a reply from Defendants, and a sur-reply from Plaintiff. (Dkt. Nos. 69, 72, 79). This matter was assigned to United States Magistrate Judge Andrew T. Baxter who, on February 16, 2022, issued a Report-Recommendation recommending that Defendants’ motion for summary

judgment be granted, and that the complaint be dismissed with prejudice. (Dkt. No. 81). 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. (Id. at 35). On March 3, 2022, Plaintiff filed a letter motion seeking an extension of the time to file objections, (Dkt. No. 82); the Court granted that request, and reset the deadline to file objections to March 15, 2022, (Dkt. No. 83). 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,

, 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. 81) is ADOPTED in its entirety; and it is further ORDERED that Defendants’ motion for summary judgment (Dkt. No. 55) is GRANTED; and it is further ORDERED that the complaint is DISMISSED in its entirety 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: March 22, 2022 Syracuse, New York boas bu KC s Brenda K. Sannes U.S. District Judge