McCarroll v. Federal Bureau of Prisons et al

Filing 35

DECISION AND ORDER: 33 Report and Recommendations is accepted and adopted in all respects. ORDERED that Plaintiff's request for injunctive relief is DENIED; Plaintiff's damages claims against all defendants are DISMISSED; This action is DISMISSED in its entirety. Signed by Judge David N. Hurd on 11/4/10. {order served via regular mail on all non-ecf parties}(nas)

McCarroll v. Federal Bureau of Prisons et al

Doc. 35

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ DOUGLAS R. McCARROLL, Plaintiff, vs FEDERAL BUREAU OF PRISONS; HARLEY G. LAPPIN, Director; DEBORAH G. SCHULT, PhD., Warden of FCI Ray Brook; DR. DAWN MARINI, Clinical Director of FCI Ray Brook; A. LESTER, Medical Employee; and ROBERT S. MUELLER, III, Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: DOUGLAS R. McCARROLL Plaintiff, Pro Se c/o Law Offices of Bruce Corrigan, Jr. 1853 Post Road East W estport, CT 05880 HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York P. O. Box 7198 100 South Clinton Street Syracuse, New York 13261-5165 DAVID N. HURD United States District Judge DECISION and ORDER The above action was commenced in December 2008, pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). By ReportRecommendation dated September 30, 2010, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the court: (1) dismiss plaintiff's request for injunctive CHARLES E. ROBERTS, ESQ. Assistant U.S. Attorney 9:08-CV-1343

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relief as moot as discussed in the March report on page eight; and (2) dismiss plaintiff's damages claims against all defendants on qualified immunity grounds and dismissing the action in its entirety. The plaintiff has filed objections to the Report-Recommendation. Based upon a careful review of the file, including those portions to which plaintiff has objected;, and the recommendations of Magistrate Judge Lowe, the ReportRecommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Plaintiff's request for injunctive relief is DENIED; 2. Plaintiff's damages claims against all defendants are DISMISSED; and 3. This action is DISMISSED in its entirety. The Clerk is directed to close the file. IT IS SO ORDERED.

Dated: November 4, 2010 Utica, New York.

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