Matthews v. Thomas et al, No. 9:2016cv01198 - Document 24 (N.D.N.Y 2017)
Court Description: DECISION & ORDER: The Court hereby ACCEPTS the Report-Recommendation of Magistrate Judge Hummel, dkt. # 19 . ORDERED, that defendants' motion to dismiss, dkt. # 12 , is hereby GRANTED. ORDERED, that the Clerk of Court is directed to CLOSE the case. Signed by Senior Judge Thomas J. McAvoy on 12/28/17. (served on plaintiff by regular mail) (alh, )
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Matthews v. Thomas et al Doc. 24 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ DARRYL MATTHEWS, Plaintiff, vs. 9:16-CV-1198 (TJM/CFH) JUSTIN THOMAS, Superintendent, Marcy Correctional Facility, et al., Defendants. ___________________________________________ Thomas J. McAvoy, Sr. U.S. District Judge DECISION & ORDER This pro se civil action, brought pursuant to 42 U.S.C. § 1983, alleges Defendants violated Plaintiff’s constitutional rights while he was incarcerated. The matter was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a ReportRecommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). The Report-Recommendation, dated November 6, 2017, recommends that the Court grant Defendants’ unopposed motion to dismiss. See dkt. # 19. Plaintiff did not file objections to the Report-Recommendation and the time for filing such objections has passed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice and the Court will accept the Report-Recommendation. Accordingly: 1 Dockets.Justia.com 1. The Court hereby ACCEPTS the Report-Recommendation of Magistrate Judge Hummel, dkt. # 19; 2. Defendants’ motion to dismiss, dkt. # 12, is hereby GRANTED; and 3. The Clerk of Court is directed to CLOSE the case. IT IS SO ORDERED. Dated: December 28, 2017 2
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