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Ariola v. Onondaga County Sheriff's Dep't

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 10, 2007

CHRISTOPHER D. ARIOLA, PLAINTIFF,
v.
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

ORDER

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.

20070110

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