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ROBINSON v. BALLARD, 9:13-CV-1213 (TJM/TWD). (2015)

Court: District Court, N.D. New York Number: infdco20150416674 Visitors: 5
Filed: Mar. 27, 2015
Latest Update: Mar. 27, 2015
Summary: DECISION & ORDER THOMAS J. McAVOY , District Judge . I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. 1983 was referred to the Hon. Th r se Wiley Dancks, 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 Dancks' March 9, 2015 Order and Report-Recommendation [dkt. # 38] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this
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DECISION & ORDER

I. INTRODUCTION

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Thérèse Wiley Dancks, 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 Dancks' March 9, 2015 Order and Report-Recommendation [dkt. # 38] have been filed, and the time to do so 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. # 38] for the reasons stated therein. Therefore, it is hereby

ORDERED that Defendants' motion to dismiss for failure to state a claim (Dkt. No. 27) is DENIED.

IT IS SO ORDERED.

Source:  Leagle

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