Bryant v. Thomas et al, No. 9:2014cv01042 - Document 62 (N.D.N.Y 2016)

Court Description: DECISION AND ORDER: ORDERED that the 60 Report and Recommendation is adopted. ORDERED that 54 Motion for Summary Judgment is granted. Plaintiff's Second Amended Complaint is DISMISSED IN ITS ENTIRETY, WITH PREJUDICE. Signed by Senior Judge Thomas J. McAvoy on 12/9/16. (Copy served via regular mail)(nas, )
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Bryant v. Thomas et al Doc. 62 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ PHILLIP E. K. BRYANT, a/k/a Philip E. Bryant, Plaintiff, v. 9:14-CV-1042 (TJM/TWD) MR. THOMAS, et al., Defendants. ________________________________________ Thomas J. McAvoy, S.U.S.D.J. DECISION & ORDER This prisoner civil rights action, brought pursuant to 42 U.S.C. § 1983, 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 her Report-Recommendation, Magistrate Judge Dancks recommends that Defendant Whitmore’s motion for summary judgment be granted and that Plaintiff’s Second Amended Complaint be dismissed in its entirety with prejudice. No objections to the Report-Recommendation were filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. This Court therefore ADOPTS the Report-Recommendation, dkt. # 60, for the reasons stated therein, and it is ORDERED that: 1. Defendant Whitmore’s motion for summary judgment, dkt. # 54, is hereby GRANTED; and 2. Plaintiff’s Second Amended Complaint is DISMISSED IN ITS ENTIRETY, WITH 1 Dockets.Justia.com PREJUDICE. IT IS SO ORDERED. Dated:December 9, 2016 2