Barrett v. Boyer et al, No. 9:2017cv00084 - Document 29 (N.D.N.Y 2018)
Court Description: DECISION AND ORDER: ORDERED that the Court ACCEPTS and ADOPTS the Report and Recommendation [dkt. # 28 ] for the reasons stated therein. Defendants' motion for summary judgment [Dkt. # 17 ] is DENIED. Signed by Senior Judge Thomas J. McAvoy on 7/12/18. {order served via regular mail on plaintiff}(nas, )
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Barrett v. Boyer et al Doc. 29 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ ANDREW BARRETT, Plaintiff, Civil Action No. 9:17-CV-0084 (TJM/DEP) v. KEVIN BOYER, et al., Defendants. _________________________________________ 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. David E. Peebles, Chief 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 Mag istrate Judge Peebles's May 17, 2018 Report and Recommendation [dkt. # 28] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, the Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ACCEPTS and ADOPTS the Report and Recommendation 1 Dockets.Justia.com [dkt. # 28] for the reasons stated therein. Defendants' motion for summary judgment [Dkt. # 17] is DENIED. IT IS SO ORDERED. Dated:July 12, 2018 2
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