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Crum v. Dupell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 31, 2008

JOSEPH A. CRUM, PLAINTIFF,
v.
MARK DUPELL, ISO STAFF, FCI RAY BROOK; HENRY J. SADOWSKI, REGIONAL COUNSEL; THOMAS YANDO, ISO STAFF, FCI RAY BROOK; AND PENA, OFFICER R&D STAFF, DEFENDANTS.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

In a Report-Recommendation dated September 28, 2007, Magistrate Judge DiBianco recommended that the Court grant Defendants' motion for summary judgment. See Dkt. No. 22. Plaintiff filed objections to that recommendation. See Dkt. No. 23.

Most of Plaintiff's objections have nothing to do with the merits of his claims and, in fact, are not objections at all but statements concerning what Plaintiff considers to be the proper legal standards for evaluating a pro se litigant's claims. See, generally, id. The Court's review of Magistrate Judge DiBianco's Report-Recommendation demonstrates that he applied the appropriate standards and, in fact, gave Plaintiff every benefit of the doubt.

Finally, to the extent that Plaintiff requests leave to file an amended complaint to substitute the United States in place of the individual Defendants with respect to his claim under the Federal Tort Claims Act, the Court denies that request as futile for the reasons that Magistrate Judge DiBianco stated in his Report-Recommendation. Therefore, the Court hereby

ORDERS that Magistrate Judge DiBianco's September 28, 2007 Report-Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further

ORDERS that Defendants' motion for summary judgment is GRANTED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case.

IT IS SO ORDERED.

20080331

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