Mendez v. Amato

Thomas J. McAvoy

THOMAS J. McAVOY
Senior United States District Judge

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In his June 18, 2013 Report-Recommendation and Order, Magistrate Judge Hummel recommends that Defendants' motion for summary judgment (Dkt. # 23) be granted in part and denied in part. No objections to the Report-Recommendation and Order have been filed, and the time to do so has expired.

After examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice.

Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Defendants' motion for summary judgment [dkt. # 23] is GRANTED in part and DENIED in part. In this regard, the motion is

1. GRANTED with respect to Mendez's claims regarding his condition of confinement, access to the law library and counsel, and freedom to practice his religion, and these claims are dismissed; and

2. DENIED in all other respects.