Opinion
9:16-cv-957 (TJM/DEP)
07-25-2017
STEVEN C. MCKNIGHT, Plaintiff, v. J. FERRICK, et al., Defendants.
Thomas J. McAvoy, SR. U.S.D.J.
DECISION and ORDER
The Court referred this action alleging constitutional violations by prison officers, brought pursuant to 42 U.S.C. § 1983, to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. Plaintiff alleges that the Defendants are liable to him for use of excessive force. The Report-Recommendation, dated June 30, 2017, recommended that the Court grant Defendants' motion to dismiss for failure to prosecute.
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 adopt the Report-Recommendation.
Accordingly:
The Report-Recommendation, dkt. # 38, is hereby ADOPTED. The Defendants' motion to dismiss, dkt. # 37, is hereby GRANTED.
IT IS SO ORDERED.
Dated:July 25, 2017
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge