Opinion
9:15-CV-653 (TJM/ATB)
12-28-2017
NAKIA CHANEY, Plaintiff, v. GREGORY M. VENA, et al., Defendants
THOMAS J. McAVOY, Senior United States District Judge
DECISION & ORDER
I. INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In his Report-Recom mendation dated November 29, 2017 (Dkt. No. 92), Magistrate Judge Baxter recommends: (1) that defendant D'Agostino's motion for summary judgment (Dkt. No. 64) be granted, and the complaint dismissed in its entirety as against defendant D'Agostino based on a lack of personal involvement, and (2) that defendant D'Agostino's motion for summary judgment as relates to cross-claims filed by defendants Vena and Bell (Dkt. No. 64) be granted, and any such cross-claims be dismissed. No objections to the Report-Recommendation have been filed, and the time to do so has expired.
II. DISCUSSION
After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
III. CONCLUSION
Accordingly, the Court ACCEPTS the Report-Recommendation (Dkt. No. 92) for the reasons stated therein. Defendant D'Agostino's motion for summary judgment (Dkt. No. 64) is GRANTED, and the complaint is DISMISSED in its entirety as against defendant D'Agostino. Further, defendant D'Agostino's motion for summary judgment as relates to cross-claims filed by defendants Vena and Bell (Dkt. No. 64) is GRANTED, and any such cross-claims are DISMISSED.
IT IS SO ORDERED.
Dated:December 28, 2017
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge