Walker v. Schult et al

Filing 33

DECISION and ORDER: ORDERED that 30 Report and Recommendation is approved and adopted in its entirety. ORDERED that 25 Motion to Dismiss is granted and plaintiff's complaint is dismissed. Signed by Senior Judge Lawrence E. Kahn on 3/27/12. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ELLIS WALKER,
Plaintiff,
-against-

9:11-CV-0287 (LEK/RFT)

DEBORAH G. SCHULT, Warden,
FCI Ray Brook; RUSSELL PERDUE,
Warden, FCI Ray Brook; DAVID
SALAMY, Unit Manager, FCI Ray
Brook; SEPANEK, Counselor, FCI Ray
Brook; DAVID PORTER, Associate
Warden, FCI Ray Brook; ANNE
MARY CARTER, Associate Warden,
FCI Ray Brook; STEVEN WAGNER,
Associate Warden, FCI Ray Brook; J.L.
NORWOOD, Regional Director;
HARLEY LAPPIN, Director,
Bureau of Prisons,
Defendants.

DECISION and ORDER
This matter comes before the Court following a Report-Recommendation filed on January
20, 2012, by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28
U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Dkt. No. 30 (“ReportRec.”). After fourteen days from the service thereof, the Clerk has sent the entire file to the
undersigned, including the Objections by Plaintiff Ellis Walker (“Plaintiff”), which were filed on
February 27, 2012. Dkt. No. 32 (“Objections”).
The Court is 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). Where,
however, an objecting “party makes only conclusory or general objections, or simply reiterates his

original arguments, the Court reviews the Report and Recommendation only for clear error.” Farid
v. Bouey, 554 F. Supp. 2d 301, 307 (N.D.N.Y. 2008) (quoting McAllan v. Von Essen, 517 F. Supp.
2d 672, 679 (S.D.N.Y. 2007)) (citations and quotations omitted); see also Brown v. Peters, No.
95-CV-1641, 1997 WL 599355, at *2-3 (N.D.N.Y. Sept. 22, 1997). “A [district] judge . . . 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).
Judge Treece recommends that Plaintiff’s Complaint be dismissed in its entirety, and
Plaintiff has raised a number of objections to this recommendation. Report-Rec; Obj. The Court
has considered the objections and undertaken a de novo review of the record, and has determined
that the Report-Recommendation should be approved and adopted in its entirety for the reasons
stated therein.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 30) is APPROVED and
ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants’ Motion to dismiss (Dkt. No. 25) is GRANTED and
Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.

DATED:

March 27, 2012
Albany, New York

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