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, )

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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 1 reasons stated therein. The defendants’ motion for summary judgment [dkt. # 50] is DENIED. IT IS SO ORDERED. Dated:June 14, 2017 2

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