Brown v. Dame

Filing 32

DECISION AND ORDER adopting 31 Report and Recommendations; granting Deft's 27 Motion for Summary Judgment and dismissing the claims in this action. Signed by Senior Judge Thomas J. McAvoy on 3/3/2010. (amt) [Pltf served via reg. mail]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ ALONZO BROWN, Plaintiff, v. DAME, Correction Officer, Defendant. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge No. 08-CV-105 (TJM/DRH) DECISION & ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. 1983 was referred to the Hon. David R. Homer, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). No objections to the ReportRecommendation and Order dated February 5, 2010 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein. It is therefore, ORDERED that Defendant's motion for summary (Docket No. 27) is GRANTED, and the claims in this action are DISMISSED. The Clerk of the Court is instructed to enter 1 judgment in favor of Defendant and to close the file in this matter. IT IS SO ORDERED DATED:March 3, 2010 2

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