-GHL Alvarado v. Ramineni et al, No. 9:2008cv01126 - Document 38 (N.D.N.Y 2012)

Court Description: DECISION AND ORDER adopting Magistrate Judge Lowe's 37 Report and Recommendations; granting Defendant's 31 Motion for Summary Judgment and dismissing the Complaint. Signed by Senior Judge Thomas J. McAvoy on 1/3/2012. (amt) [Pltf served via reg. and cert. mail]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ JOSE ALVARADO, Plaintiff, 9:08-CV-1126 (TJM/GHL) v. DR. S. RAMINENI, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. George H. Lowe, 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 the ReportRecommendation and Order dated December 6, 2011 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. II. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order for the 1 reasons stated therein. Therefore, it is hereby ORDERED that Defendant s motion for summary judgment (Dkt. # 31) is GRANTED and the Complaint is DISMISSED. IT IS SO ORDERED Dated: January 3, 2012 2

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