Calloway v. Grinnhan et al, No. 9:2009cv01354 - Document 35 (N.D.N.Y 2011)
Court Description: DECISION & ORDER: ORDERERED that 32 Report and Recommendation is adopted. ORDERED that 30 Motion for Summary Judgment is GRANTED and the complaint is dismissed. Signed by Senior Judge Thomas J. McAvoy on 9/15/11. {order served via regular mail on all non-ecf parties}(nas )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ SAMUEL CALLOWAY, Plaintiff, 9:09-CV-1354 (TJM/GHL) v. SGT. CHARLES GRIMSHAW, a/k/a Grinnhan, Defendant. _________________________________________ 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. George H. Lowe, 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 the ReportRecommendation and Order dated August 10, 2011 have been filed, and the time to do so has expired. Furthermore, 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. II. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Therefore, it is hereby 1 ORDERED that Defendant s motion for summary judgment (Dkt. # 30) is GRANTED and the Complaint is DISMISSED. IT IS SO ORDERED Dated: September 15, 2011 2
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