UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 20, 2006
GERALD GAINES, PLAINTIFF,
DALE A. ARTUS, SUPERINTENDENT, CLINTON CORRECTIONAL FACILITY; T. LAVALLEY, CAPTAIN; LT. ARMITAGE DEFENDANTS.
The opinion of the court was delivered by: Thomas J. McAvoy, Senior United States District Judge
DECISION & ORDER
This pro se action pursuant to 42 U.S.C.A. §1983 was referred to the Hon. George H. Lowe United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3 (c). The Report-Recommendation dated February 23, 2006 recommends that Defendants' Motion for Summary Judgment (Dkt. No. 25) be granted. No objections have been filed. After examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation and Order for the reasons stated therein.
It is therefore, ORDERED that Defendants' Motion for Summary Judgment is GRANTED and the Complaint is DISMISSED IN ITS ENTIRETY.
IT IS SO ORDERED.
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