Purdie v. Employees of New York State Department of Correctional Services et al

Filing 35

ORDER: ORDERED, that Magistrate Judge Baxter's July 14, 2010 Report-Recommendation (Dkt. No. 31 ) is ACCEPTED in its entirety for the reasons stated therein. ORDERED, that Defendants' 26 Motion to Dismiss is GRANTED and plaintiff's amended complaint is DISMISSED with prejudice. ORDERED, that the Clerk of Court shall enter judgment in favor of Defendants and close the case. Signed by Senior Judge Frederick J. Scullin, Jr on 3/31/11. (Order served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________________ SIDNEY E. PURDIE, Plaintiff,

v. JUDITH T. RICE, Supervisor, Administrative Mail Room, Auburn Correctional Facility; HAROLD D. GRAHAM, Superintendent, Auburn Correctional Facility; and JOHN DOE, Law Library Officer,

9:09-CV-951 (FJS/ATB)

Defendants. ______________________________________________ APPEARANCES SIDNEY E. PURDIE 06-A-3298 Clinton Correctional Facility P.O. Box 2002 Dannemora, New York 12929 Plaintiff pro se OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL The Capitol Albany, New York 12224 Attorneys for Defendants MEGAN M. BROWN, AAG OF COUNSEL

SCULLIN, Senior Judge ORDER In a Report-Recommendation dated July 14, 2010, Magistrate Judge Baxter recommended that the Court grant Defendants' motion to dismiss the amended complaint and dismiss Plaintiff's amended complaint in its entirety with prejudice. See Dkt. No. 31. Plaintiff

filed objections to the Report-Recommendation, essentially raising the same arguments that he presented to Magistrate Judge Baxter. See Dkt. No. 33. 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 Baxter's July 14, 2010 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendants' motion to dismiss is GRANTED and Plaintiff's amended complaint is DISMISSED with prejudice; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and

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close this case. IT IS SO ORDERED. Dated: March 31, 2011 Syracuse, New York

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