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Brown v. Artus

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 11, 2009

NATHAN BROWN, PLAINTIFF,
v.
DALE ARTUS, SUPERINTENDENT, ET AL., DEFENDANTS.

ORDER

This matter comes before the Court following a Report-Recommendation filed on July 15, 2009 by the Honorable David E. Peebles, 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. 77). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the supplemental Reply filed by Plaintiff Nathan Brown on July 22, 2009 (Dkt. No. 78) and the Objections by Defendants Dale Artus and R.J. Minogue, filed on July 29, 2009 (Dkt. No. 80).

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. 77) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendants Artus and Minogue's Motion for partial summary judgment (Dkt. No. 67) is GRANTED in part; Plaintiff's first cause of action, alleging unlawful retaliation in violation of the First Amendment, is DISMISSED as against Defendant Artus; the Motion is otherwise DENIED; and it is further

ORDERED, that Plaintiff's Motion for sanctions (Dkt. No. 72) is DENIED; 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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