United States District Court, N.D. New York
March 26, 2015
JOSEPH FAILL, Plaintiff,
CAPT. ADAMIK, SUPERINTENDENT BRANDON J. SMITH, Defendants.
DECISION and ORDER
THOMAS J. McAVOY, Senior District Judge.
This action, brought pursuant to 42 U.S.C. § 1983 and alleging violations of Plaintiff's constitutional rights in a prison disciplinary hearing, was referred by this Court to the Honorable Therèse Wiley Dancks, 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 Dancks recommends that the case be dismissed and Defendants' motion for summary judgment be denied as moot because Plaintiff, proceeding pro se, has not informed the Court of a change in address and has apparently abandoned the case. No objections to the Report-Recommendation dated March 4, 2015 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 ADOPTS the Report and Recommendation, dkt. # 23. The action is DISMISSED and Defendants' motion for summary judgment, dkt. # 18, is DENIED as moot.
IT IS SO ORDERED.