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Price v. Engert

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 20, 2007

DUANE ELLIOTT PRICE, SR., PLAINTIFF,
v.
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.

CONCLUSION

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

20070220

© 1992-2007 VersusLaw Inc.



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