Grubbs v. Grimaldi et al

Filing 47

DECISION & ORDER: The Report-Recommendation of Magistrate Judge Stewart, dkt. # 46 , is hereby ACCEPTED and ADOPTED and the motion for summary judgment of Defendants Adams, Johnson, and Miller, dkt. # 37 , is hereby GRANTED. Signed by Senior Judge Thomas J. McAvoy on 2/20/2019. (Decision & Order mailed to plaintiff via regular mail.) (rar, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
BOBBY GRUBBS,
Plaintiff,
vs.

9:16-CV-1476
(TJM/DJS)

STEVEN GRIMALDI, et al.,
Defendants.
___________________________________________
Thomas J. McAvoy,
Sr. U.S. District Judge

DECISION & ORDER
The Court referred this pro se civil action, brought pursuant to 42 U.S.C. § 1983, to
Magistrate Judge Daniel J. Stewart for a Report-Recommendation pursuant to 28 U.S.C. §
636(b) and Local Rule 72.3(c). Plaintiff alleges that the moving Defendants, prison
medical providers and officials, violated his civil rights while he was incarcerated in New
York State prisons.
Magistrate Judge Stewart’s Report-Recommendation, dkt. # 46, issued on January
23, 2019, recommends that the motion for summary judgment of Defendants Richard
Adams, Vonda Johnson and Jon Miller be granted. Magistrate Judge Stewart finds that
Plaintiff failed to exhaust his administrative remedies with respect to Defendant Miller, and
that the medical care provided by Defendants Adams and Johnson did not violate
Plaintiff’s Eighth Amendment rights through deliberate indifference to a serious medical
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need.
No party objected to the Report-Recommendation, and the time for such objections
has passed. After examining the record, this Court has determined that the ReportRecommendation is not subject to attack for plain error or manifest injustice and the Court
will accept and adopt the Report-Recommendation.
Accordingly,
The Report-Recommendation of Magistrate Judge Stewart, dkt. # 46, is hereby
ACCEPTED and ADOPTED and the motion for summary judgment of Defendants Adams,
Johnson, and Miller, dkt. # 37, is hereby GRANTED.

IT IS SO ORDERED.

Dated:February 20, 2019

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