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, )

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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 1 [dkt. # 27] is DENIED. IT IS SO ORDERED. Dated: July 12, 2017 2

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