Opinion
9:18-CV-610
09-30-2021
MICHAEL WEBB, Plaintiff, v. C. MILLER, et al., Defendants.
DECISION AND ORDER
THOMAS J. MCAVOY, SENIOR UNITED STATES DISTRICT JUDGE
I. INTRODUCTION
This pro se civil rights action was referred to the Hon. Daniel J. Stewart, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and N.D.N.Y.72.3(c). In his June 4, 2021 Report-Recommendation and Order, Judge Stewart recommends that Defendant McClenning's Motion for Summary Judgment (Dkt. No. 76) be granted. See Rep.-Rec. & Ord., Dkt. No. 89, at 9. No. objections to the recommendation have been filed, and the time to do so has expired.
The docket indicates that the Report-Recommendation and Order was served upon Plaintiff at his address on file at the time but, like two other court documents served on Plaintiff around the same time, was returned to the court with the notation “Inmate Refused, Refused Mail.” Dkt. No. 91; see also Dkt. Nos. 90, 92.
II. DISCUSSION
After examining the record, this Court has determined that the Report- Recommendation and Order is not subject to attack for plain error or manifest injustice.
III. CONCLUSION
Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 89) for the reasons stated therein. Therefore, it is hereby
ORDERED that Defendant McClenning's Motion for Summary Judgment (Dkt. No. 76) is GRANTED, and the claims against Defendant McClenning are DISMISSED.
The Clerk may terminate Corrections Officer D. McClenning as a defendant in this case.
IT IS SO ORDERED.