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)
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
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