Faill v. Buehler et al, No. 9:2013cv00557 - Document 24 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: The Court ADOPTS the Report and Recommendation, dkt. # 23 . The action is DISMISSED and Defendants' motion for summary judgment, dkt. # 18 , is DENIED as moot. Signed by Senior Judge Thomas J. McAvoy on 3/26/15. (served on plaintiff by regular mail) (alh, )
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Faill v. Buehler et al Doc. 24 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JOSEPH FAILL, Plaintiff, v. 9:13-CV-557 CAPT. ADAMIK, SUPERINTENDENT BRANDON J. SMITH, Defendants. THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER This action, brought pursuant to 42 U.S.C. § 1983 and alleging violations of Plaintiff’s constitutional rights in a prison disciplinary hearing, was referred by this Court to the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In the Report-Recommendation, Magistrate Judge Dancks recommends that the case be dismissed and Defendants’ motion for summary judgment be denied as moot because Plaintiff, proceeding pro se, has not informed the Court of a change in address and has apparently abandoned the case. No objections to the Re port-Recommendation dated March 4, 2015 have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the 1 Dockets.Justia.com reasons stated therein. For the foregoing reasons, the Court ADOPTS the Report and Recommendation, dkt. # 23. The action is DISMISSED and Defendants’ motion for summary judgment, dkt. # 18, is DENIED as moot. IT IS SO ORDERED. Dated: March 26, 2015 2
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