Peterson v. Onondaga County

Filing 9

DECISION & ORDER: adopting the # 6 Report and Recommendations, therefore Plaintiff's Complaint is hereby DISMISSED WITHOUT LEAVE TO AMEND for failure to state a claim and as barred under Heck v. Humphrey. The Clerk shall enter Judgment and close this case. Signed by Senior Judge Thomas J. McAvoy on 5/19/2015. {Copy sent to the Pro Se Plaintiff by regular and certified mail} (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
CARLOS PETERSON,
Plaintiff,
vs.

5:14-CV-01260

ONONDAGA COUNTY, NEW YORK,
Defendant.
___________________________________________
Thomas J. McAvoy,
Sr. U.S. District Judge

DECISION & ORDER
This pro se civil rights action pursuant to 42 U.S.C. § 1983
was referred to the Hon. Thérèse Wiley Dancks, United States
Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C.
§ 636(b) and Local Rule 72.3(c).
The Report-Recommendation, dated March 24, 2015, recommended
that the Plaintiff’s Complaint (Dkt. No. 1) be dismissed without
leave to amend for failure to state a claim and as barred under
Heck v. Humphrey, 512 U.S. 447 (1993).
Plaintiff filed timely objections to the ReportRecommendation, essentially raising the same arguments presented to
the Magistrate Judge.

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When objections to a magistrate judge’s Report-Recommendation
are lodged, the Court makes a “de novo determination of those
portions of the report or specified proposed findings or
recommendations to which objection is made.”
636(b)(1).

See 28 U.S.C. §

After such a review, the Court may “accept, reject, or

modify, in whole or in part, the findings or recommendations made
by the magistrate judge.

The judge may also receive further

evidence or recommit the matter to the magistrate judge with
instructions.”

Id.

Having reviewed the record de novo and having considered the
issues raised in the Plaintiff’s objections, this Court has
determined to accept and adopt in whole the recommendation of the
Magistrate Judge for the reasons stated in the ReportRecommendation.
It is therefore
ORDERED that Plaintiff’s Complaint is hereby DISMISSED WITHOUT
LEAVE TO AMEND for failure to state a claim and as barred under
Heck v. Humphrey, 512 U.S. 447 (1993).

IT IS SO ORDERED.
Dated: May 19, 2015

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