Summary
stating that plaintiff failed to allege a claim under § 1983 because the plaintiff had no constitutional right to placement at Willard
Summary of this case from Duviella v. SmallsOpinion
9:16-CV-1198 (TJM/CFH)
12-28-2017
DARRYL MATTHEWS, Plaintiff, v. JUSTIN THOMAS, Superintendent, Marcy Correctional Facility, et al., Defendants.
Thomas J. McAvoy, Sr. U.S. District Judge
DECISION & ORDER
This pro se civil action, brought pursuant to 42 U.S.C. § 1983, alleges Defendants violated Plaintiff's constitutional rights while he was incarcerated. The matter was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Report-Recommendation, dated November 6, 2017, recommends that the Court grant Defendants' unopposed motion to dismiss. See dkt. # 19. Plaintiff did not file objections to the Report-Recommendation and the time for filing such objections has passed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice and the Court will accept the Report-Recommendation.
Accordingly:
1. The Court hereby ACCEPTS the Report-Recommendation of Magistrate Judge Hummel, dkt. # 19;
2. Defendants' motion to dismiss, dkt. # 12, is hereby GRANTED; and
3. The Clerk of Court is directed to CLOSE the case.
IT IS SO ORDERED.
Dated: December 28, 2017
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge