Woods v. Miller et al

Filing 57

DECISION AND ORDER: ORDERED that the Report-Recommendation, dkt. # 56 , is hereby ADOPTED. The Defendants' motion for summary judgment, dkt. # 48 , is hereby GRANTED. The Clerk of Court is directed to CLOSE the case. Signed by Senior Judge Thomas J. McAvoy on 9/18/17. {order served via regular mail on plaintiff}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK WESLEY WOODS, Plaintiff, v. 9:14-cv-996 (TJM/DJS) SUPERINTENDENT MILLER, et al., Defendants. Thomas J. McAvoy, SR. U.S.D.J. DECISION and ORDER The Court referred this action alleging constitutional violations by prison officers, brought pursuant to 42 U.S.C. § 1983, to the Hon. Daniel J. Stew art, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. The ReportRecommendation, dated August 1, 2017, recommends that the Court grant Defendants’ motion for summary judgment and dismiss the action. Plaintiff did not file objections to the Report-Recommendation and the time for filing such objections has passed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice and the Court will adopt the Report-Recommendation. Accordingly: The Report-Recommendation, dkt. # 56, is hereby ADOPTED. The Defendants’ 1 motion for summary judgment, dkt. # 48, is hereby GRANTED. The Clerk of Court is directed to CLOSE the case. IT IS SO ORDERED Dated:September 18, 2017 2

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