Terry v. Campbell et al, No. 9:2012cv01544 - Document 43 (N.D.N.Y 2014)

Court Description: DECISION and ORDER: ORDERED that 42 Report and Recommendation is adopted. ORDERED that 35 Motion for Summary Judgment is granted and the complaint is dismissed. Signed by Senior Judge Thomas J. McAvoy on 8/21/14. {order served via regular mail on plaintiff}(nas, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------HENRY TERRY, Plaintiff, 9:12-CV-1544 (TJM/TWD) v. BEVERLY CAMPBELL; PATRICIA SCHWARTZ; COSINO FERRARI, M.D.; VONDA JOHNSON M.D., Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Thérèse Wiley Dancks, 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). In her June 19, 2014 Report-Recommendation and Order (Dkt. No. 42), Magistrate Judge Dancks recommends that Defendants motion for summary judgment (Dkt. No. 35) be granted. No objections to the Report-Recommendation and Order have been filed, and the time to do so has expired. II. DISCUSSION 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. III. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Defendants motion for summary judgment (Dkt. No. 35) is GRANTED, and the Complaint is DISMISSED. IT IS SO ORDERED. Dated:August 21, 2014 2

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