Alvarado v. Ramineni et al

Filing 21

DECISION AND ORDER adopting Magistrate Judge Lowe's 17 Report and Recommendations in its entirety; granting in part Defts' 10 Motion to Dismiss; Plaintiff's claim against DOCS is dismissed as to the ADA and Rehabilitation Act without prejudice to Pltf to amend his claim. Signed by Senior Judge Thomas J. McAvoy on 7/22/2010. (amt) [Pltf served via reg. mail]

Alvarado v. Ramineni et al

Doc. 21

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JOSE ALVARADO Plaintiff, -vsDR. S. RAMINENI, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES Defendants. 9:08-CV-1126

Thomas J. McAvoy, D.J. DECISION and ORDER This matter was referred to the Hon. George H. Lowe, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report-Recommendation dated

March 15, 2010, Magistrate Judge Lowe recommended that the decision of the commissioner be affirmed. Plaintiff has filed objections.

When objections to a magistrate judge's Report-Recommendation are lodged, the Court reviews the record de novo. 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]." Id. The Court may also "receive

further evidence or recommit the matter to the magistrate judge with instructions." Id. Thus, the Court reviews the instant 1

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matter de novo. After reviewing the matter de novo, the Court agrees with the Report-Recommendation in its entirety. The decision of the ALJ was

supported by substantial evidence, and the correct legal standard was applied. Plaintiff has not alleged in his complaint a denial of access to a service, program or activity by reason of his disability, as required by the ADA and Rehabilitation Acts. Consequently, the Report-Recommendation is adopted in its entirety. Plaintiff's claim against DOCS is dismissed as to the

ADA and Rehabilitation Act without prejudice to Plaintiff to amend his claim. IT IS SO ORDERED. Dated:July 22, 2010

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