Summary
noting that, where plaintiffs do not respond to defendants' argument made in their summary judgment motion, plaintiffs are deemed to have consented to defendants' argument, and thus defendants must only satisfy “their modest burden of demonstrating entitlement to the relief requested through that argument”
Summary of this case from M.B. v. CSX Transportation, Inc.Opinion
No. 9:04-CV-1501 (FJS/GHL).
October 29, 2007
SHANE COSSEY, 04-B-1290, Plaintiff, Pro Se, Washington Correctional Facility, Comstock, NY.
FRANK POWLESS, 03-B-2646, Plaintiff, Pro Se, Washington Correctional Facility, Comstock, New York.
MEGAN M. BROWN, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Counsel for Defendants, Albany, New York.
DECISION AND ORDER
The Court has reviewed Magistrate Judge George H. Lowe's August 27, 2007 Report-Recommendation and the entire file in this matter. On September 23, 2007, the Court advised the Clerk's Office to update plaintiff Powless' address and to extend his deadline to file objections to October 17, 2007. See Dkt. No. 56. Thereafter, plaintiffs filed no objections to said Report-Recommendation. Accordingly, the Court hereby
ORDERS, that Magistrate Judge Lowe's August 27, 2007 Report-Recommendation is ADOPTED in its entirety for the reasons stated therein; and the Court further
ORDERS, that Defendants' motion for summary judgement is GRANTED.
IT IS SO ORDERED.