Matthews v. Thomas, 9:16-CV-1198 (TJM/CFH). (2017)
Court: District Court, N.D. New York
Number: infdco20171229a33
Visitors: 9
Filed: Dec. 28, 2017
Latest Update: Dec. 28, 2017
Summary: DECISION & ORDER THOMAS J. McAVOY, SR. , District Judge . This pro se civil action, brought pursuant to 42 U.S.C. 1983, alleges Defendants violated Plaintiff's constitutional rights while he was incarcerated. The matter was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). The Report-Recommendation, dated November 6, 2017, recommends that the Court grant Defendants' unopposed moti
Summary: DECISION & ORDER THOMAS J. McAVOY, SR. , District Judge . This pro se civil action, brought pursuant to 42 U.S.C. 1983, alleges Defendants violated Plaintiff's constitutional rights while he was incarcerated. The matter was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). The Report-Recommendation, dated November 6, 2017, recommends that the Court grant Defendants' unopposed motio..
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DECISION & ORDER
THOMAS J. McAVOY, SR., District Judge.
This pro se civil action, brought pursuant to 42 U.S.C. § 1983, alleges Defendants violated Plaintiff's constitutional rights while he was incarcerated. The matter was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Report-Recommendation, dated November 6, 2017, recommends that the Court grant Defendants' unopposed motion to dismiss. See dkt. # 19. 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 accept the Report-Recommendation.
Accordingly:
1. The Court hereby ACCEPTS the Report-Recommendation of Magistrate Judge Hummel, dkt. # 19;
2. Defendants' motion to dismiss, dkt. # 12, is hereby GRANTED; and
3. The Clerk of Court is directed to CLOSE the case.
IT IS SO ORDERED.
Source: Leagle
