Cabassa v. Smith et al

Filing 32

DECISION AND ORDER: ORDERED, that the 31 Report and Recommendations is APPROVED and ADOPTED in its ENTIRETY; ORDERED, that Defendants' 28 Motion to Dismiss is GRANTED, IN PART; ORDERED, that Plaintiff's first, second and third causes of action be DISMISSED in their entirety; ORDERED, that all claims against Defendants Malone, Bergmann, and Miller be DISMISSED; ORDERED, that all damage claims, except those arising under the ADA, against Defendants in their official capacities be DIS MISSED; ORDERED, that all damage claims against Defendants in their individual capacities asserted under the ADA andsection 504 be DISMISSED; ORDERED, that Plaintiffs sixth cause of action against Defendants Smith, Maley and Pico in their individual capacities be DISMISSED; but that Defendants Motion otherwise be DENIED. Signed by Senior Judge Lawrence E. Kahn on 4/30/09. (Decision and Order served on Plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK SAMUEL CABASSA, Plaintiff, -againstJOSEPH T. SMITH, et al., Defendants. 9:08-CV-0480 (LEK/DEP)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on April 10, 2009, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 31). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Peebles' Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 31) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants' Motion to dismiss (Dkt. No. 28) be GRANTED, in part, and that Plaintiff's first, second and third causes of action be DISMISSED in their entirety; that all 1

claims against Defendants Malone, Bergmann and Miller be DISMISSED; that all damage claims, except those arising under the ADA, against Defendants in their official capacities be DISMISSED; all damage claims against Defendants in their individual capacities asserted under the ADA and section 504 be DISMISSED; that Plaintiff's sixth cause of action against Defendants Smith, Maley and Pico in their individual capacities be DISMISSED; but that Defendants' Motion otherwise be DENIED; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: April 30, 2009 Albany, New York

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