Jackson v. Fischer

Filing 23

DECISION AND ORDER ; granting 14 Defendant's Motion to Dismiss; adopting Report and Recommendations 22 and Plaintiff's Compliant is DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 2/17/09. (pta )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ANTHONY JACKSON, Plaintiff, v. BRIACH FISCHER, et al., Defendants. -------------------------------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. David R. Homer, 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 6, 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. Defendants' motion to dismiss is GRANTED and Plaintiff's Complaint is DISMISSED. IT IS SO ORDERED. Dated:February 17, 2009 9:07-CV-1279