UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

LEONIDAS SIERRA,

Plaintiff, 9:22-cv-711 (BKS/TWD)

v.

CAPTAIN ZERNIAK, et al.,

Defendants.

Appearances: Plaintiff pro se: Leonidas Sierra 66094-054 FCI Hazelton P.O. BOX 5000 Bruceton Mills, WV 26525 For Defendants: Letitia A. James Attorney General of the State of New York Aimee Cowan Assistant Attorney General, of Counsel 300 South State Street - Suite 300 Syracuse, NY 13202 Hon. Brenda K. Sannes, Chief United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Leonidas Sierra, an inmate, commenced this civil rights action asserting claims under

arising out of his incarceration at the Upstate Correctional Facility and Auburn Correctional Facility. (Dkt. No. 13). On June 14, 2023, Defendants Sandra Amoia, Anthony Annucci, and Joseph Bellnier filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. (Dkt. No. 54). The motion is fully briefed. (Dkt. Nos. 64, 66). This matter was assigned to United States Magistrate Judge Thérèse Wiley Dancks who, on January 26, 2024, issued a Report-Recommendation and Order recommending that Defendants’ motion to dismiss be granted as to Defendants Annucci and Amoia, but be denied as to Defendant Bellnier. (Dkt. No. 69, at 16). Magistrate Judge Dancks 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 17). No objections to the Report-Recommendation have been filed. As no objection to the Report-Recommendation has 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 Report-Recommendation is adopted in its entirety. For these reasons, it is ORDERED that the Report-Recommendation (Dkt. No. 69) is ADOPTED in its entirety; and it is further ORDERED that Defendants’ motion to dismiss (Dkt. No. 54) is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED that Plaintiff's Eighth Amendment claims against Defendants Annucci and Amoia are DISMISSED; 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: February 28, 2024 arg db Ca note Syracuse, New York QW Brenda K. Sannes Chief U.S. District Judge