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

, 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

(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,

(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