Faill v. Buehler et al

Filing 24

DECISION AND ORDER: The Court ADOPTS the Report and Recommendation, dkt. # 23 . The action is DISMISSED and Defendants' motion for summary judgment, dkt. # 18 , is DENIED as moot. Signed by Senior Judge Thomas J. McAvoy on 3/26/15. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

JOSEPH FAILL,
Plaintiff,
v.

9:13-CV-557

CAPT. ADAMIK,
SUPERINTENDENT BRANDON J. SMITH,
Defendants.

THOMAS J. McAVOY
Senior United States District Judge
DECISION and ORDER
This action, brought pursuant to 42 U.S.C. § 1983 and alleging violations of
Plaintiff’s constitutional rights in a prison disciplinary hearing, was referred by this Court to
the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and
Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
In the Report-Recommendation, Magistrate Judge Dancks recommends that the
case be dismissed and Defendants’ motion for summary judgment be denied as moot
because Plaintiff, proceeding pro se, has not informed the Court of a change in address
and has apparently abandoned the case. No objections to the Re port-Recommendation
dated March 4, 2015 have been filed. 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

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reasons stated therein.
For the foregoing reasons, the Court ADOPTS the Report and Recommendation,
dkt. # 23. The action is DISMISSED and Defendants’ motion for summary judgment, dkt.
# 18, is DENIED as moot.
IT IS SO ORDERED.
Dated: March 26, 2015

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