McFadden v. Herman et al, No. 9:2009cv01415 - Document 65 (N.D.N.Y 2014)
Court Description: DECISION and ORDER: ORDERED that the Report-Recommendation [dkt. # 64 ] is adopted for the reasons stated therein. Defendants' motion for summary judgment [dkt. # 62 ] is GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY. Signed by Senior Judge Thomas J. McAvoy on 6/20/14. {order served via regular mail on plaintiff}(nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ BRANDON MCFADDEN, Plaintiff, vs. 9:09-CV-1415 CHAD FINTON, 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. 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 Report-Recommendation [dkt. # 64] 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 is not subject to attack for plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation [dkt. # 64] for the reasons stated therein. Defendants motion for summary judgment [dkt. # 62] is 1 GRANTED, and the complaint is DISMISSED IN ITS ENTIRETY. IT IS SO ORDERED. Dated: June 20, 2014 2
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