Dravecz v. Fischer et al, No. 9:2011cv01382 - Document 20 (N.D.N.Y 2012)

Court Description: DECISION AND ORDER: ORDERED that 18 Report and Recommendation is adopted in its entirety. Signed by Senior Judge Thomas J. McAvoy on 10/25/12. [order served via regular mail on plaintiff}(nas )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ JANOS DRAVECZ, Plaintiff, -against- 9:11-CV-1382 BRIAN FISCHER, Commissioner, et al., Defendants. ________________________________________ DECISION & ORDER Thomas J. McAvoy, S.U.S.D.J.: This action, brought pursuant to 42 U.S.C. § 1983, was referred by this Court to the Honorable David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In the Report-Recommendation, Magistrate Judge Peebles recommends that Plaintiff s claim be dismissed. No objections to the Report-Recommendation dated September 5, 2012, have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein. For the foregoing reasons, the Court ADOPTS the Report and Recommendation in its entirety. IT IS SO ORDERED. Dated: October 25, 2012

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