Opinion
9:14-cv-996 (TJM/DJS)
09-18-2017
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. Daniel J. Stewart, 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. The Report-Recommendation, dated August 1, 2017, recommends that the Court grant Defendants' motion for summary judgment and dismiss the action.
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. # 56, is hereby ADOPTED. The Defendants' motion for summary judgment, dkt. # 48, is hereby GRANTED. The Clerk of Court is directed to CLOSE the case.
IT IS SO ORDERED
Dated: September 18, 2017
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge