Lovell v. Annucci et al, No. 9:2018cv00685 - Document 29 (N.D.N.Y 2019)

Court Description: DECISION AND ORDER: ORDERED that the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 20 ) for the reasons stated therein. Defendants' Motion for Summary Judgment (Dkt. No. 14) is DENIED. Signed by Senior Judge Thomas J. McAvoy on 8/30/19. {order served via regular mail on plaintiff}(nas)

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Lovell v. Annucci et al Doc. 29 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ GILFORD LOVELL, Plaintiff, v. No. 9:18-CV-0685 SUPERINTENDENT MCAULIFFE; ACTING CAPTAIN MCCABE; and SERGEANT FURNACE, 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. Christian F. Hummel, United States Magistrate Judge, for report and recommendation. Magistrate Judge Hummel issued a Report-Recommendation and Order on May 1, 2019 which addresses Defendants’ Motion for Summary Judgment (Dkt. No. 14). See 05/01/19 Rep.-Rec. & Ord. (Dkt. No. 20). Magistrate Judge Hummel recommends that Defendants’ Motion for Summary Judgment be denied. (Id.). No objections to the ReportRecommendation 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 f or plain error or manifest injustice. 1 Dockets.Justia.com III. CONCLUSION Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 20) for the reasons stated therein. Defendants’ Motion for Summary Judgment (Dkt. No. 14) is DENIED. IT IS SO ORDERED. Dated: August 30, 2019 2

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