United States District Court, N.D. New York
March 19, 2014
Eric Staine, Plaintiff,
Patrick Sullivan et al., Defendants.
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 Defendants' Cross-Motion for Summary Judgment.
IT IS SO ORDERED.