McMillian v. The County of Onondaga et al, No. 9:2013cv01124 - Document 59 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: ORDERED that 56 Report and Recommendation is adopted. ORDERED that 36 Motion for Summary Judgment is granted and the complaint is dismissed in its entirety as against the remaining defendants. Signed by Senior Judge Thomas J. McAvoy on 3/26/15. {order served via regular mail on plaintniff}(nas)
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McMillian v. The County of Onondaga et al Doc. 59 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ FREDERICK McMILLIAN, Plaintiff, vs. 9:13-CV-1124 (TJM/ATB) THE COUNTY OF ONONDAGA, et al., 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. Andrew T. Baxter, 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 Magistrate Judge Baxter’s Order and Report-Recommendation [dkt. # 56] have been filed, and the time to do so, including an extension granted by the Court, has expired. II. DISCUSSION After examining the record, this Court has determined that the Order and Report- Recommendation is not subject to attack for plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ADOPTS the Order and Report-Recommendation [dkt. # 56] for the reasons stated therein. The defendants’ motion for summary judgment [dkt. #. 36] 1 Dockets.Justia.com is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY AS AGAINST THE REMAINING DEFENDANTS. IT IS SO ORDERED. Dated:March 26, 2015 2
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