Lehner v. Guernsey et al

Filing 10

ORDER adopting Magistrate Judge Hummel's 9 Report and Recommendations and dismissing the Plaintiff's 1 Complaint. Signed by Senior Judge Thomas J. McAvoy on 2/20/2013. (amt) [Pltf served via reg. mail]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------GERARD EDWARD LEHNER, Plaintiff, v. 1:12-CV-0915 THOMAS F. GUERNSEY et al, Defendant. -------------------------------THOMAS J. McAVOY United States District Judge DECISION and ORDER This matter, brought pursuant to 42 U.S.C. § 1983, was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the January 22, 2013 Report-Recommendation have been raised. 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 th e reasons stated therein. It is, therefore, ORDERED that the Report-Recommendation is adopted in its entirety and the Complaint is DISMISSED. IT IS SO ORDERED. Dated:February 20, 2013 -2-

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