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Savoca v. Clearview Center

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 8, 2008

DINO J. SAVOCA, PLAINTIFF,
v.
CLEARVIEW CENTER, INC., ET AL., DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on October 28, 2008 by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 4). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Dino Savoca, which were filed on November 4, 2008. Objections (Dkt. No. 5).

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.*fn1

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 4) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED for failure to establish subject matter jurisdiction; and it is further

ORDERED, that Plaintiff's Motion to proceed in forma pauperis is DISMISSED without prejudice because the Court lacks jurisdiction; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.


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