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WEST v. KLEIN

United States District Court, Southern District of New York


April 1, 2003

JAMES MICHAEL WEST, PLAINTIFF,
v.
LORETTA KLEIN, ETC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge

ORDER

Plaintiff's objections to the report and recommendation of Magistrate Judge Frank Maas, dated March 3, 2003, are overruled, the motion to dismiss is granted, and the action is dismissed for the reasons there stated.

To the extent that plaintiff objects to the report and recommendation on the ground that he never consented to disposition of the case by a Magistrate Judge, the objection is without merit. While consent is required for disposition of a case by a Magistrate Judge, see 28 U.S.C. § 636(c)(1), consent is not necessary for reference of a dispositive motion to a Magistrate Judge for the purpose of obtaining a report and recommendation. Id. § 636(b)(1). In such cases, the parties each retain the right to de novo determination of the matter by the district judge in the event there are objections. Id. § 636(b)(1).

To the extent that the objections assert that plaintiff's right of access to the courts has been impaired by confiscation by prison authorities of legal papers and seeks their return, he is raising matters outside the scope of the present lawsuit. Subject to the statute of limitations and such other defenses as may be applicable, he is free to raise that claim in another action.

Judgment for defendants.

SO ORDERED.

20030401

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