Bryant v. Thomas et al

Filing 62

DECISION AND ORDER: ORDERED that the 60 Report and Recommendation is adopted. ORDERED that 54 Motion for Summary Judgment is granted. Plaintiff's Second Amended Complaint is DISMISSED IN ITS ENTIRETY, WITH PREJUDICE. Signed by Senior Judge Thomas J. McAvoy on 12/9/16. (Copy served via regular mail)(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
PHILLIP E. K. BRYANT, a/k/a Philip E. Bryant,
Plaintiff,
v.

9:14-CV-1042
(TJM/TWD)

MR. THOMAS, et al.,
Defendants.
________________________________________
Thomas J. McAvoy, S.U.S.D.J.
DECISION & ORDER
This prisoner civil rights action, brought pursuant to 42 U.S.C. § 1983, 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 her Report-Recommendation, Magistrate Judge Dancks recommends that
Defendant Whitmore’s motion for summary judgment be granted and that Plaintiff’s
Second Amended Complaint be dismissed in its entirety with prejudice. No objections to
the Report-Recommendation were filed. After examining the record, this Court has
determined that the Report-Recommendation is not subject to attack for plain error or
manifest injustice.
This Court therefore ADOPTS the Report-Recommendation, dkt. # 60, for the
reasons stated therein, and it is ORDERED that:
1. Defendant Whitmore’s motion for summary judgment, dkt. # 54, is hereby
GRANTED; and
2. Plaintiff’s Second Amended Complaint is DISMISSED IN ITS ENTIRETY, WITH

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PREJUDICE.
IT IS SO ORDERED.
Dated:December 9, 2016

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