McKnight v. Ferrick et al

Filing 40

DECISION AND ORDER: ORDERED, that the Report-Recommendation, dkt. # 38 , is hereby ADOPTED. The Defendants' motion to dismiss, dkt. # 37 , is hereby GRANTED. Signed by Senior Judge Thomas J. McAvoy on 7/25/17. (served on plaintiff at his last known address on record by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK STEVEN C. MCKNIGHT, Plaintiff, v. 9:16-cv-957 (TJM/DEP) J. FERRICK, et al., Defendants. Thomas J. McAvoy, SR. U.S.D.J. DECISION and ORDER The Court referred this action alleging constitutional violations by prison officers, brought pursuant to 42 U.S.C. § 1983, to the Hon. Dav id E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. Plaintiff alleges that the Defendants are liable to him for use of excessive force. The ReportRecommendation, dated June 30, 2017, recom mended that the Court grant Defendants’ motion to dismiss for failure to prosecute. Plaintiff did not file objections to the Report-Recommendation and the time for filing such objections has passed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice and the Court will adopt the Report-Recommendation. Accordingly: 1 The Report-Recommendation, dkt. # 38, is hereby ADOPTED. The Defendants’ motion to dismiss, dkt. # 37, is hereby GRANTED. IT IS SO ORDERED. Dated:July 25, 2017 2

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