FAILL v. ADAMIK, 9:13-CV-557 (2015)
Court: District Court, N.D. New York
Number: infdco20150407566
Visitors: 9
Filed: Mar. 26, 2015
Latest Update: Mar. 26, 2015
Summary: DECISION and ORDER THOMAS J. McAVOY , Senior District Judge . This action, brought pursuant to 42 U.S.C. 1983 and alleging violations of Plaintiff's constitutional rights in a prison disciplinary hearing, was referred by this Court to the Honorable 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). In the Report-Recommendation, Magistrate Judge Dancks recommends that the case be dismissed and Defen
Summary: DECISION and ORDER THOMAS J. McAVOY , Senior District Judge . This action, brought pursuant to 42 U.S.C. 1983 and alleging violations of Plaintiff's constitutional rights in a prison disciplinary hearing, was referred by this Court to the Honorable 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). In the Report-Recommendation, Magistrate Judge Dancks recommends that the case be dismissed and Defend..
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DECISION and ORDER
THOMAS J. McAVOY, Senior District Judge.
This action, brought pursuant to 42 U.S.C. § 1983 and alleging violations of Plaintiff's constitutional rights in a prison disciplinary hearing, was referred by this Court to the Honorable 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).
In the Report-Recommendation, Magistrate Judge Dancks recommends that the case be dismissed and Defendants' motion for summary judgment be denied as moot because Plaintiff, proceeding pro se, has not informed the Court of a change in address and has apparently abandoned the case. No objections to the Report-Recommendation dated March 4, 2015 have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.
For the foregoing reasons, the Court ADOPTS the Report and Recommendation, dkt. # 23. The action is DISMISSED and Defendants' motion for summary judgment, dkt. # 18, is DENIED as moot.
IT IS SO ORDERED.
Source: Leagle
