Coleman v. Racette et al

Filing 57

DECISION & ORDER: The Court ADOPTS the Report-Recommendation (dkt. # 53 ) for the reasons stated therein. The defendants' motion for summary judgment (dkt. # 50 ) is DENIED. Signed by Senior Judge Thomas J. McAvoy on 6/14/17. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
TOWAUN COLEMAN,
Plaintiff,
9:15-CV-40
(TJM/ATB)

v.
STEVEN RACETTE, et al.,
Defendants.
________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon.

Andrew T. Baxter, 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 Magistrate Judge
Baxter’s January 17, 2017 Report-Recommendation [dkt. # 53] have been filed, and the
time to do so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Report-

Recommendation is not subject to attack for plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ADOPTS the Report-Recommendation [dkt. #53] for the

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reasons stated therein. The defendants’ motion for summary judgment [dkt. # 50] is
DENIED.
IT IS SO ORDERED.
Dated:June 14, 2017

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