Burgos v. Huggins et al

Filing 13

DECISION AND ORDER: adopting the # 11 Report and Recommendation in whole. It is ORDERED that Plaintiff's # 1 Complaint is DISMISSED in its entirety with prejudice, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e)(2)(B)(ii), f or failure to state a claim upon which relief can be granted and for naming defendants who are protected by absolute immunity. The Clerk is directed to enter judgment and close this file. Signed by Judge David N. Hurd on 2/5/2015. [Copy sent to pro se plaintiff via regular and certified mail.] (mc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------TOMAS BURGOS,
Plaintiff,
No. 1:14-CV-687
(DNH/RFT)
-v-

TROOPER A. M. HUGGINS; SPECIAL
AGENT BRYAN HAAG; MAGISTRATE DAVID
R. HOMER; MAGISTRATE CHRISTIAN F.
HUMMEL; JUDGE GARY L. SHARPE;
SHERIFF JACK MAHAR; and COUNTY OF
RENSSELAER,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

TOMAS BURGOS
Plaintiff pro se
36229
Last Known Address
Rensselaer County Jail
4000 Main Street
Troy, NY 12180
DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Tomas Burgos brought this civil rights action pursuant to 42 U.S.C.
§ 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S.
388 (1971). On January 13, 2015, the Honorable Randolph F. Treece, United States
Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed

as against defendants Homer, Hummel, and Sharpe because they are absolutely immune
from suit and any claims for false imprisonment and false arrest be dismissed for failure to
state a claim. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. Plaintiff's complaint is DISMISSED in its entirety with prejudice, pursuant to 28
U.S.C. § 1915A and 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim upon which
relief can be granted and for naming defendants who are protected by absolute immunity;
and
2. The Clerk is directed to file a judgment accordingly, serve a copy of this Decision
and Order and the judgment on plaintiff, and close the file.
IT IS SO ORDERED.

Dated: February 5, 2015
Utica, New York.

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