Rivera v. Selsky et al, No. 9:2005cv00967 - Document 52 (N.D.N.Y 2009)
Court Description: DECISION AND ORDER ; denying 45 Defendant's Motion for Summary Judgment; and to the extent that Plaintiff moves for Summary Judgment in his Memorandum of Law 47 is denied. Adopting Report and Recommendations 50 . Signed by Senior Judge Thomas J. McAvoy on 6/18/09. (pta )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ CARLOS RIVERA, Plaintiff, 9:05-CV-0967 (TJM/GHL) v. G. LAWRENCE, Housing Lieutenant, Mid-State Correctional Facility, Defendant. _________________________________________ 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. George H. Lowe, 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 March 31, 2009 recommended that Defendant s motion for summary judgment (dkt. # 45) be denied, and that, to the extent that Plaintiff moves for summary judgment in his Memorandum of Law in Opposition to Defendant s Summary Judgment Motion (dkt. # 47), this motion also be denied.1 No objections to the ReportRecommendation have been filed and the time to do so has expired. 1 Also on March 31, 2009, Magistrate Judge Lowe issued an Order requiring the Clerk to serve on Plaintiff copies of the electronically-available-only opinions cited on pages 5, 7, 9, 11, 16, and 19 of the Report-Recom m endation issued on March 31, 2009. Order, dkt. # 51 (citing Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009)). 1 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, ORDERED that Defendant's motion for summary judgment (dkt. # 45) is DENIED. And it is further ORDERED that, to the extent that Plaintiff moves for summary judgment in his Memorandum of Law in Opposition to Defendant's Summary Judgment Motion (dkt. # 47), this motion is also DENIED. DATED:June 18, 2009 2
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