Opinion
08-CV-0792.
September 20, 2010
DECISION and ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David R. Homer, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
No objections to the August 12, 2010 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.
It is, therefore, ORDERED that Guarneri's motion for summary judgment (Dkt. No. 59) is DENIED without prejudice to renewal following completion of discovery.
IT IS SO ORDERED.
Dated: September 20, 2010