UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ______________________________________

OMAN GUTIERREZ,

Plaintiff,

DECISION AND ORDER v. 21-CV-699-A

ANTHONY ANNUCCI, et al,

Defendants. ______________________________________

This prisoner civil rights case was referred to Magistrate Judge Jeremiah J. McCarthy pursuant to

(b)(1) for the performance of pretrial proceedings. On September 24, 2024, Magistrate Judge McCarthy issued a Report and Recommendation (“R&R”) (Dkt. No. 71) recommending that the Court grant Defendants Anthony Annucci, Joseph Bellnier, Lucien LeClair, and Stewart Eckert (hereinafter “Individual Defendants”) motion to dismiss (Dkt. No. 62). Federal Rule of Civil Procedure 72(b)(3) provides, “[t]he district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to” (emphasis added). Here, no objections to the R&R have been filed. “When no timely objection is filed, the [C]ourt need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” 1983 Advisory Committee Note to Fed. R. Civ. P. 72(b); see Patton v. Ford Motor Co., 14-CV-0308-RJA-HBS,

,

, *5 (W.D.N.Y. May 18, 2017) (same). The Court finds no clear error with respect to Magistrate Judge McCarthy’s recommendations. As such, it is hereby ORDERED that pursuant to

(b)(1) and for the reasons set

forth in the R&R, the Individual Defendants’ motion to dismiss (Dkt. No. 62) is GRANTED, in that all Plaintiff’s claims against such Individual Defendants are DISMISSED. The Clerk of Court shall enter Judgment consistent with this Decision and Order and take all steps necessary to close the case. IT IS SO ORDERED.

__s/Richard J. Arcara________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT

Dated: November 19, 2024 Buffalo, New York