Gonzalez v. Woods et al

Filing 138

DECISION AND ORDER: ORDERED, that that the Report-Recommendation (Dkt. No. 132 ) is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendant's Motion to dismiss (Dkt. No. 120 ) is GRANTED and Plaintiff's Amended Complaint (Dkt. No. [106-1]) is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on 2/25/11. (Decision and Order served on plaintiff by regular mail) (alh, )

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Gonzalez v. Woods et al Doc. 138 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK RAYMOND GONZALES, Plaintiff, -against9:08-CV-629 (LEK/ATB) D. CARPENTER, et. al, Defendants. DECISION and ORDER This matter comes before the Court following a Report-Recommendation filed on January 3, 2011 by the Honorable Andrew T. Baxter, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 132). On February 23, 2011, after receiving multiple extensions of time by which to respond to the Report and Recommendation, Plaintiff Raymond Gonzales filed his objections ("Objections") to the Magistrate Judge's findings. Dkt. No. 137. It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 132) is APPROVED and Dockets.Justia.com ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant's Motion to dismiss (Dkt. No. 120) is GRANTED and Plaintiff's Amended Complaint (Dkt. No. 106-1) is DISMISSED in its entirety; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: February 25, 2011 Albany, New York 2

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