United States District Court, N.D. New York
DECISION and ORDER
THOMAS J. MCAVOY, Senior District Judge.
This action, brought pursuant to 42 U.S.C. § 1983, was referred to this Court by the Honorable Randolph F. Treece, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
In the Report-Recommendation, Magistrate Judge Treece recommends that Plaintiff's Motion for Summary Judgment be denied and Defendants' Cross-Motion for Summary Judgment be granted. No objections to the Report-Recommendation dated January 16, 2014 have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.
For the foregoing reasons, the Court AFFIRMS and ADOPTS the Report and Recommendation and DENIES Plaintiff's Motion for Summary Judgment and GRANTS ...