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Lyons v. McGinnis

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


May 19, 2006

DAEVON LYONS, PLAINTIFF,
v.
MICHAEL MCGINNIS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

This Court referred all pretrial motions in this civil case to United States Magistrate Judge Marian W. Payson, pursuant to 28 U.S.C. § 636. Plaintiff, appearing pro se, filed his complaint on April 6, 2004. He now moves to amend his original complaint to add defendants, set forth additional factual allegations and increase the ad damnum clause.

Magistrate Judge Payson issued a thorough Report and Recommendation ("Report") recommending that plaintiff's motion for leave to amend be granted in part and denied in part. Plaintiff filed objections to that Report (Dkt. #118).

I have reviewed Magistrate Judge Payson's thorough Report and Recommendation and her discussion of the merits of plaintiff's request to amend. I have also reviewed plaintiff's objections. I accept and adopt the Report of Magistrate Judge Payson. I agree with Magistrate Judge Payson that plaintiff's motion to add additional defendants should be denied for the reasons set forth by Magistrate Judge Payson in her Report. I also agree with that part of Magistrate Judge Payson's Report granting plaintiff's relief in part.

In sum, plaintiff's motion for leave to amend (Dkt. #67) is granted in part and denied in part as set forth with specificity in the "Conclusion" paragraphs of Magistrate Judge Payson's Report (Dkt. #112).

For the reasons stated in Magistrate Judge Payson's Report at footnote 1, plaintiff's subsequent motion to amend (Dkt. #93) is denied.

IT IS SO ORDERED.

20060519

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