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Rossi v. Goord

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 28, 2006

RUDOLPH ROSSI, PLAINTIFF,
v.
GLENN GOORD, COMMISSIONER OF DOCS, ET AL., DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on March 27, 2006, by the Honorable David E. Peebles, 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. Report-Rec. (Dkt. No. 103). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Rossi, which were filed on April 7, 2006. Objections (Dkt. No. 104).

It is the duty of this Court 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). "A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.*fn1,*fn2

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 103) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendants' Motion for partial summary judgment (Dkt. No. 97) dismissing portions of Plaintiff's claims is GRANTED. Therefore, the following causes of action remain for trial: Plaintiff's claims of food tampering and insufficient nutritional intake, which involve only Defendants Lutz, Decker and Annetts; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED.


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