UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
February 20, 2007
DUANE ELLIOTT PRICE, SR., PLAINTIFF,
DAN ENGERT, 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 to United States Magistrate Judge Marian W. Payson pursuant to 28 U.S.C. § 636(b). Plaintiff, Duane Elliott Price, Sr. ("Price"), filed a motion to amend his pro se complaint. Magistrate Judge Payson reviewed submissions from the parties and issued a Report and Recommendation (Dkt. #42) that Price's motion to amend be denied. Price did not file any objections to the Report and Recommendation.
Plaintiff sought to add Dr. James Hohensee, a physician at the Niagara County Jail, and Niagara County Sheriff Thomas A. Beilein. Magistrate Judge Payson carefully analyzed the law and the facts of this case. I agree with her finding that plaintiff failed to state a claim upon which relief may be granted. Although leave to amend is freely granted, in this case plaintiff has failed to make sufficient allegations to support a constitutional claim.
I accept and adopt the Report and Recommendation (Dkt. #42) of United States Magistrate Judge Marian W. Payson. Plaintiff's motion to amend the complaint (Dkt. #33) is denied.
IT IS SO ORDERED.
Rochester, New York
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