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Lovell v. McAuliffe

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Aug 30, 2019

THOMAS J. McAVOY, Senior United States District Judge

THOMAS J. McAVOY, Senior United States District Judge

DECISION & ORDER I. INTRODUCTION

This pro se action brought pursuant to 42 U.S.C. ยง 1983 was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for report and recommendation. Magistrate Judge Hummel issued a Report-Recommendation and Order on May 1, 2019 which addresses Defendants' Motion for Summary Judgment (Dkt. No. 14). See 05/01/19 Rep.-Rec. & Ord. (Dkt. No. 20). Magistrate Judge Hummel recommends that Defendants' Motion for Summary Judgment be denied. (Id.). No objections to the Report-Recommendation and Order 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 for plain error or manifest injustice.

III. CONCLUSION

Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 20) for the reasons stated therein. Defendants' Motion for Summary Judgment (Dkt. No. 14) is DENIED.

IT IS SO ORDERED.

Dated: August 30, 2019

/s/_________

Thomas J. McAvoy

Senior U.S. District Judge