Summary
rejecting prisoner's claim for constitutional violations based on expense of telephone call, noting there is no constitutional right to a particular fee for telephone calls
Summary of this case from Riley v. O'BrienOpinion
9:13-CV-1124 (TJM/ATB)
03-26-2015
FREDERICK McMILLIAN, Plaintiff, v. THE COUNTY OF ONONDAGA, 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). No objections to Magistrate Judge Baxter's Order and Report-Recommendation [dkt. # 56] have been filed, and the time to do so, including an extension granted by the Court, has expired.
II. DISCUSSION
After examining the record, this Court has determined that the Order and Report-Recommendation is not subject to attack for plain error or manifest injustice.
III. CONCLUSION
Accordingly, the Court ADOPTS the Order and Report-Recommendation [dkt. # 56] for the reasons stated therein. The defendants' motion for summary judgment [dkt. #. 36] is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY AS AGAINST THE REMAINING DEFENDANTS. IT IS SO ORDERED. Dated: March 26, 2015
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge