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Rivera v. Lawrence

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 18, 2009

CARLOS RIVERA, PLAINTIFF,
v.
G. LAWRENCE, HOUSING LIEUTENANT, MID-STATE CORRECTIONAL FACILITY, DEFENDANT.

The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge

DECISION & ORDER

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. George H. Lowe, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). The Report-Recommendation dated March 31, 2009 recommended that Defendant's motion for summary judgment (dkt. # 45) be denied, and that, to the extent that Plaintiff moves for summary judgment in his Memorandum of Law in Opposition to Defendant's Summary Judgment Motion (dkt. # 47), this motion also be denied.*fn1 No objections to the Report-Recommendation have been filed and the time to do so has expired.

After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein.

It is therefore,

ORDERED that Defendant's motion for summary judgment (dkt. # 45) is DENIED . And it is further

ORDERED that, to the extent that Plaintiff moves for summary judgment in his Memorandum of Law in Opposition to Defendant's Summary Judgment Motion (dkt. # 47), this motion is also DENIED .


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