Shuler v. Brown et al

Filing 24

DECISION AND ORDER; granting 16 Deft's Motion for Judgment on the Pleadings; adopting Report and Recommendations 22 and Pltf's Complaint is dismissed. Signed by Senior Judge Thomas J. McAvoy on 3/23/09. (pta )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ ANTHONY SHULER, Plaintiff, 07-CV-0937 v. BROW N, et al., Defendant. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge

DECISION and ORDER This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. George H. Lowe, 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 February 2, 2009 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 the reasons stated therein. Defendant's motion for judgment on the pleadings is GRANTED and Plaintiff's Complaint is DISMISSED.

IT IS SO ORDERED. Dated: March 23, 2009