Staine v. Sullivan et al, No. 9:2012cv00545 - Document 53 (N.D.N.Y 2014)

Court Description: DECISION and ORDER: This action, brought pursuant to 42 U.S.C. § 1983, was referred to this Court by the Honorable Randolph F. Treece, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Lo cal Rule 72.3(c). In the 52 Report-Recommendation, Magistrate Judge Treece recommends that Plaintiff's Motion for Summary Judgment be denied and Defendants' Cross-Motion for Summary Judgment be granted. No objections to the Report-Recomme ndation dated January 16, 2014 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-Recomm endation for the reasons stated therein. For the foregoing reasons, the Court AFFIRMS and ADOPTS the Report and Recommendation and DENIES Plaintiffs 34 Motion for Summary Judgment and GRANTS Defendants' 44 Cross-Motion for Summary Judgment. Signed by Senior Judge Thomas J. McAvoy on 3/19/2014. (ptm) (Copy served on plaintiff by regular mail)