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Amaker v. Egan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 9, 2009

ANTHONY D. AMAKER, PLAINTIFF,
v.
T. G. EGAN, D. A. SENKOWSKI, M. ALLARD, R. GIRDICH, G. S. GOORD, J. WOOD, DOCTOR I. ELLEN, J. MITCHELL, H. WORLEY, DOCTOR L. N. WRIGHT, S. NYE, M. MCKINNON, M. RIVERS, L. CORYER, A. PAVONE, L. CAYEA, D. ARMITAGE, J. CAREY, P. W. ANNETTS, R. RIVERS, E. AIKEN, S.GIDEON, R. LINCOLN, D. LINSLEY, C. O. GORDON, J. REYELL, D. CHAMPAGNE, J. KELSH, W. CARTER, F. BUSHEY, CHO PHILLIP, CHO DROM, A. J. ANNUCCI, L. J. LECLAIR, D. LACLAIR, T. L. RICKS, A. BOUCAUD, H. PERRY, B. BANILER, R. LAMORA, E. LIBERTY, G. RONSOM, R. MAYNARD, C. DAGGETT, D. SELKSKY, K. M. LAPP, R. SEARS, J. BABBIE, SGT. CHAMPAGNE, DOCTOR K. LEE, R. VAUGHAN, AND M. NISOFF,*FN1 DEFENDANTS.

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

ORDER

In a Report and Recommendation dated September 9, 2008, Magistrate Judge Peebles recommended that this Court grant Defendants' motion for summary judgment on all claims and that the Court deny Defendant Rivera's motion to dismiss as moot. See Dkt. No. 249. Plaintiff filed objections to those recommendations. See Dkt. No. 251.

Plaintiff makes two objections that have nothing to do with the merits of his claims,. He objects to the fact that Magistrate Judge Peebles did not attach unpublished cases cited in the Report and Recommendation to it and to the recommendation that the Court dismiss Defendants who have not answered or otherwise opposed the complaint. See id. 1-2. Plaintiff also objects, generally, to the application of preclusion and other legal doctrines to his claims. Plaintiff's remaining objections, for the most part, are not actually objections, but consist of further legal argument regarding his claims. See id. at 2-6. The Court's review of Magistrate Judge Peebles' Report and Recommendation, in light of Plaintiff's objections, demonstrates that Magistrate Judge Peebles correctly applied the appropriate law and that Plaintiff's objections are without merit.*fn2

Therefore, after carefully considering Magistrate Judge Peebles' Report and Recommendation, Plaintiff's objections thereto, as well as the applicable law, and for the reasons stated herein and in Magistrate Judge Peebles' Report and Recommendation, the Court hereby

ORDERS that Magistrate Judge Peebles' September 9, 2008 Report and Recommendation is ADOPTED in its entirety; and the Court further

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

ORDERS that Defendant Rivera's motion to dismiss is DENIED as moot; and the Court further

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

IT IS SO ORDERED.

Syracuse, New York


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