Domenech v. Taylor et al

Filing 51

ORDER: ORDERS that Magistrate Judge Peebles' 49 September 8, 2010 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein. ORDERS that Plaintiff's 45 motion for partial summary judgment is DENIED; ORDERS that Defendants' 41 motion for summary judgment is GRANTED and Plaintiff's amended complaint is DISMISSED. Signed by Senior Judge Frederick J. Scullin, Jr on 3/31/11.{order served via regular mail on all non-ecf parties} (nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________________ ANGEL DOMENECH, Plaintiff, v. JUSTIN TAYLOR, Superintendent, Gouverneur Correctional Facility; MR. BATEMAN, Medical Administrator, Gouverneur Correctional Facility; V. STONE, R.N. , #211, Gouverneur Correctional Facility; STRUTZ, Dr., Gouverneur Correctional Facility; P. SALISBURY, Gouverneur Correctional Facility; and D. CONGELTON, R.N. #223, Gouverneur Correctional Facility, Defendants. ______________________________________________ APPEARANCES ANGEL DOMENECH 99-A-3060 Greene County Correctional Facility P.O. Box 975 Coxsackie, New York 12051 Attorneys for Plaintiff pro se OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL The Capitol Albany, New York 12224 Attorneys for Defendants SCULLIN, Senior Judge ORDER In a Report and Recommendation dated September 8, 2010, Magistrate Judge Peebles recommended that the Court deny Plaintiff's motion for partial summary judgment, grant Defendants' motions for summary judgment and dismiss the amended complaint. See Dkt. No. JAMES SEAMAN, AAG OF COUNSEL 9:09-CV-162 (FJS/DEP)

49. Plaintiff filed objections to the Report and Recommendation, essentially raising the same arguments that he presented to Magistrate Judge Peebles. See Dkt. No. 50. When a party files specific objections to a magistrate judge's report-recommendation, 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." 28 U.S.C. § 636(b)(1). However, when a party files "[g]eneral or conclusory objections or objections which merely recite the same arguments [that he presented] to the magistrate judge," the court reviews those recommendations for clear error. O'Diah v. Mawhir, No. 9:08-CV-322, 2011 WL 933846, *1 (N.D.N.Y. Mar. 16, 2011) (citations and footnote omitted). After the appropriate review, "the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). Despite the conclusory nature of most of Plaintiff's objections, the Court has reviewed the record de novo in light of the issues that Plaintiff raised in those objections. Having completed that review, the Court finds his objections to be without merit. Accordingly, the Court hereby ORDERS that Magistrate Judge Peebles' September 8, 2010 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Plaintiff's motion for partial summary judgment is DENIED; and the Court further ORDERS that Defendants' motion for summary judgment is GRANTED and Plaintiff's amended complaint is DISMISSED; and the Court further

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ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case. IT IS SO ORDERED. Dated: March 31, 2011 Syracuse, New York

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