UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
January 10, 2007
CHRISTOPHER D. ARIOLA, PLAINTIFF,
ONONDAGA COUNTY SHERIFF'S DEPARTMENT; JOHN DOE; GARY SMITH, PSWA; DR. MARILYN S. WARD; DR. JOSE L. MASSA; AND PATRICK SCHAUBROECK, CW, DEFENDANTS.
The opinion of the court was delivered by: David N. Hurd United States District Judge
Plaintiff, Christopher D. Ariola, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated September 11, 2006, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the defendants' motion to dismiss be granted; that plaintiff's amended complaint be dismissed with prejudice; and that the court's order of dismissal indicate that the dismissal constitutes a "strike" for purposes of 28 U.S.C. § 1915(g) for the reasons stated in the Report-Recommendation. Objections to the Report Recommendation have been filed by the plaintiff.
Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that
1. The defendants' motion to dismiss is GRANTED;
2. Plaintiff's amended complaint is DISMISSED with prejudice;
3. The dismissal of this action constitutes a strike for purposes of 28 U.S.C. § 1915(g) for the reasons stated in the Report-Recommendation; and
4. The Clerk shall file judgment accordingly.
IT IS SO ORDERED.
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