Harrison v. Devlin et al, No. 9:2006cv00455 - Document 61 (N.D.N.Y 2009)
Court Description: DECISION AND ORDER adopting 60 Report and Recommendations; granting 57 Motion for Partial Summary Judgment; dismissing the complaint as to Deft Bracey. Signed by Senior Judge Thomas J. McAvoy on 6/18/09. [served upon Pltf via reg. mail] (amt)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ SHAMEEK HARRISON, Plaintiff, 9:06-CV-455 (TJM/GJD) v. SERGEANT DEVLIN, et al., Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Gustave J. Di Bianco, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). The ReportRecommendation dated May 14, 2009 recommended that Defendant Bracey s motion for summary judgment (dkt. # 57) be granted, and the Complaint dismissed as against this defendant. No objections to the Report- Recommendation have been filed and the time to do so has expired. After examining the record, this Court has determined that the ReportRecommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein. It is therefore, 1 ORDERED that Defendant Bracey s motion for summary judgment (dkt. # 57) is GRANTED, and the Complaint is DISMISSED as against Defendant Bracey. DATED:June 18, 2009 2
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