Jaramillo v. Hutchins et al

Filing 6

DECISION AND ORDER adopting Magistrate Judge Lowe's 4 REPORT AND RECOMMENDATIONS; dismissing Plaintiff's 1 complaint with prejudice; denying as moot Plaintiff's 2 Letter requesting service of his complaint and Plaintiff's 3 Motion for Leave to Proceed in forma pauperis. Signed by Senior Judge Thomas J. McAvoy on 9/9/2011. (amt) [Pltf served via reg. mail]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
MIGUEL ALEJANDRO JARAMILLO,
Plaintiff,
v.

7:10-CV-0869
(TJM/GHL)

JULIE M. HUTCHINS, LAUREL MCCARTHY,
MATTHEW J. PORTER, SHEILA CROWLEY,
Defendants.,
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred by this Court

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 N.D.N.Y. 72.3(c). After
reviewing Plaintiff’s complaint, Magistrate Judge Lowe recommended that the complaint
(Dkt. No. 1) be dismissed with prejudice for failure to state a claim, and that Plaintiff's in
forma pauperis application (Dkt. No. 3) and letter motion requesting service of his
complaint (Dkt. No. 2) be denied as moot. Plaintiff has filed objections to these
recommendations.

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II.

STANDARD OF REVIEW
When objections to a magistrate judge's report and recommendation are lodged,

the district court makes a “de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” See 28
U.S.C. § 636(b)(1)(C). After reviewing the Report-Recommendation, 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.” 28 U.S.C. § 636(b)(1)(C).
III.

DISCUSSION
Having reviewed Plaintiff’s objections, the Court determines to adopt the

recommendations for the reasons stated in Magistrate Judge Lowe’s report.
IV.

CONCLUSION
Therefore, the Court ADOPTS the recommendations made by Magistrate Judge

Lowe. Accordingly, it is hereby
ORDERED that Plaintiff’s complaint (Dkt. No. 1) is dismissed with prejudice for
failure to state a claim; and it is further
ORDERED that Plaintiff's in forma pauperis application (Dkt. No. 3) and letter
motion requesting service of his complaint (Dkt. No. 2) are denied as moot.
IT IS SO ORDERED
Dated: September 9, 2011

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