Summary
finding that pro se civil rights plaintiff's complaint should not be effectively amended by his new allegations presented in his response to defendants' motion for summary judgment
Summary of this case from McChesney v. BastienOpinion
9:05-CV-0173 (TJM/GHL).
November 5, 2007
DECISION ORDER
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. George H. Lowe, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the Report-Recommendation dated September 28, 2007 have been filed. Furthermore, after examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein.
It is therefore,
ORDERED that Defendants' motion for summary judgment (Docket No. 28) is GRANTED and the complaint is DISMISSED as to all defendants.