Fabian v. Annucci et al

Filing 30

DECISION AND ORDER: ORDERED that the Court ADOPTS the Report-Recommendation and Order [dkt. # 29 ] for the reasons stated therein. Defendant Craig DuBrey's motion for summary judgment [dkt. # 27 ] is DENIED. Signed by Senior Judge Thomas J. McAvoy on 7/12/17. {order served via regular mail and via certified mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
ANTHONY FABIAN,
Plaintiff,
v.

9:16-CV-00022

DUBREY, 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.

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). No objections to Magistrate Judge
Dancks’ June 13, 2017 Report-Recommendation and Order [dkt. # 29] 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 and Order is not subject to attack f or plain error or manifest injustice. III.
CONCLUSION
Accordingly, the Court ADOPTS the Report-Recommendation and Order [dkt. # 29]
for the reasons stated therein. Defendant Craig DuBrey’s motion for summary judgment

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[dkt. # 27] is DENIED.
IT IS SO ORDERED.
Dated: July 12, 2017

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