Summary
explaining that to claim the exception, the inmate must "show that the danger faced rises to the level of exposure to a 'serious physical injury."
Summary of this case from Lynn v. RobertsOpinion
9:06-CV-1177.
August 13, 2008
DECISION ORDER
This matter, brought pursuant to 42 U.S.C. § 1983, was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Northern District of New York Local Rule 72.3(c).
No objections to the July 2, 2008 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein and DISMISSES the petition.
IT IS SO ORDERED.