Dove v. Smith et al

Filing 7

DECISION and ORDER adopting Report and Recommendation 4 . Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. ORDERED that Plaintiff's complaint is DISMISSED in its entirety without leave to replead; and the Clerk is directed to file a judgment accordingly. Signed by Judge David N. Hurd on 1/14/2014. (lah)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------DONALD MACK DOVE,
Plaintiff,
No. 3:13-cv-1315
-v-

MARTIN E. SMITH, Judge, Broome County
Supreme Court; GERALD F. MOLLEN, District
Attorney Broome County; and JOANNE ROSE
PARRY, Chief Assistant District Attorney,

Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

DONALD M. DOVE
Plaintiff pro se
10-B-0378
Elmira Correctional Facility
P.O. Box 500
Elmira, NY 14902

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Donald M. Dove brought this action pursuant to 42 U.S.C. § 1983. On
December 19, 2013, the Honorable David E. Peebles, United States Magistrate Judge,
advised by Report-Recommendation that plaintiff's complaint be dismissed in all respects as
against all three named defendants, without leave to replead. Plaintiff timely filed objections
to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which
plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See
28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Plaintiff's complaint is DISMISSED in its entirety without leave to replead; and
2. The Clerk is directed to file a judgment accordingly.
The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in
accordance with the Local Rules.
IT IS SO ORDERED.

Dated: January 14, 2014
Utica, New York.

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