Sullivan v. Graham et al, No. 9:2009cv01311 - Document 41 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER: ORDERED, that the Court adopts the 40 Report-Recommendation. ORDERED, that Defendants' 33 Motion for Summary Judgment is GRANTED and the Complaint be DISMISSED IN ITS ENTIRETY. Signed by Senior Judge Thomas J. McAvoy on 9/21/11. (Served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JAMAR SULLIVAN, Plaintiff, v. 09-CV-1311 HAROLD D. GRAHAM, Superintendent, Auburn correctional Facility; T. HARTE, Correctional Officer, Auburn Correctional Facility; and SULLIVAN, Correctional Officer, Auburn Correctional Facility, Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David R. Homer, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the August 4, 2011 ReportRecommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated herein. It is, therefore, ORDERED that Defendants motion for summary judgement is GRANTED and that the Complaint be DISMISSED IN ITS ENTIRETY. IT IS SO ORDERED. Dated: September 21, 2011
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