Young v. Tryon et al

Filing 33

DECISION AND ORDER adopting Report and Recommendations re [] Report and Recommendations.; denying 13 Motion to Dismiss for Failure to State a Claim. Signed by Hon. Charles J. Siragusa on 6/6/13. (KAP)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK __________________________________________ ROGELIO YOUNG, Plaintiff DECISION and ORDER -vs12-CV-6251-CJS-MWP TODD L. TRYON, et al., Defendant __________________________________________ Siragusa, J. This case was referred to U.S. Magistrate Judge Marion W. Payson pursuant to 28 U.S.C. ' 636(b)(1) on July 24, 2012. Order Referring Case, Jul. 24, 2012, ECF No. 17. On July 16, 2012, Defendant Pickens moved to dismiss Plaintiff’s claims against her, the first under the Privacy Act and the second pursuant to 42 U.S.C. § 1983 for failure to state a cause of action. Notice of Mot., Jul. 16, 2012, ECF No. 13. Magistrate Judge Payson filed a Report and Recommendation (“R&R”) recommending that the Court grant Defendant Pickens’s motion to dismiss the action under the Privacy Act and deny her motion to dismiss the action under § 1983. R&R, Mar. 27, 2013, ECF No. 30. Defendant Pickens filed timely objections on April 8, 2013, ECF No. 31, to which Plaintiff has not responded. Pursuant to 28 U.S.C. ' 636(b)(1), this Court must make a de novo determination of those portions of the R&R to which objections have been made. Upon such de novo review of the R&R, the Court accepts the proposed findings of the R&R. Accordingly, for the reasons set forth in Judge Payson=s R&R, Defendant Pickens=s motion, ECF No. 13, to dismiss Plaintiff’s action under the Privacy Act is granted, and her motion to dismiss Plaintiff’s action under § 1983 is denied. IT IS SO ORDERED. Dated: Rochester, New York June 6, 2013 ENTER: /s/ Charles J. Siragusa CHARLES J. SIRAGUSA United States District Judge 2

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