Ford v. Smith et al, No. 9:2012cv01109 - Document 45 (N.D.N.Y 2014)

Court Description: DECISION AND ORDER: ORDERED, that the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Defendants' motion for summary judgment (Dkt. No. 39 ) is GRANTED, and Plaintiff's motion for summary judgment (Dkt. No. 33 ) is DENIED as moot. Signed by Senior Judge Thomas J. McAvoy on 2/19/14. (served on plaintiff by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------COREY FORD,, Plaintiff, 9:12-CV-1109 (TJM/TWD) v. JOSEPH T. SMITH, NEVILLE ANDREWS, Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Thérèse Wiley Dancks, 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). In her January 16, 2014 Report-Recommendation and Order (Dkt. No. 44), Magistrate Judge Dancks recommends that Defendants motion for summary judgment (Dkt. No. 39) be granted and Plaintiff s motion for summary judgment (Dkt. No. 33) be denied as moot. No objections to the Report-Recommendation and Order 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 and Order is not subject to attack for plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Defendants motion for summary judgment (Dkt. No. 39) is GRANTED, and Plaintiff s motion for summary judgment (Dkt. No. 33) is DENIED as moot. IT IS SO ORDERED Dated:February 19, 2014 2

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