Williams v. Drown

Filing 44

DECISION AND ORDER adopting the 41 Report and Recommendations; granting Deft's 24 Motion for Summary Judgment; denying Pltf's 29 Cross-Motion for Summary Judgment and dismissing the entire action. Signed by Senior Judge Thomas J. McAvoy on 9/3/2010. (amt) [Pltf served via reg. mail]

Williams v. Drown

Doc. 44

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ LEROY WILLIAMS, Plaintiff, -vD. DROWN, Civilian Hearing Officer, Clinton Correctional Facility, Defendant. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge Civ. No. 9:08-CV-880 (TJM/RFT)

DECISION & ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Randolph F. Treece, 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 July 26, 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 Judgment (Dkt. No. 24) is

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GRANTED and Plaintiff's Cross-Motion for Summary Judgment (Dkt. No. 29) is DENIED, and the entire action is DISMISSED. The Clerk of the Court is instructed to enter judgment in favor of Defendant and to close the file in this matter. IT IS SO ORDERED DATED:September 3, 2010

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