UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 30, 2009
DAVID ROBINSON, PLAINTIFF,
NEW YORK STATE DEPARTMENT OF CORRECTION SERVICES, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Thomas J. McAvoy, Sr. U.S. District Judge
DECISION & ORDER
This pro se civil rights action pursuant to 42 U.S.C. § 1983 was referred to the Hon. Gustave J. Di Bianco, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Report-Recommendation dated September 8, 2009 recommended that the Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12 be granted. Plaintiff filed objections to the Report-Recommendation arguing only that he did not consent to have his complaint adjudicated by a Magistrate Judge, the Magistrate Judge misconstrued the facts in litigation and the law governing its conduct, and it was the fault of the United States Marshal's service that service was not properly effectuated.
When objections to a magistrate judge's Report-Recommendation are lodged, the Court makes a "de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." See 28 U.S.C. § 636(b)(1). After such a review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
Having reviewed the record de novo and having considered the issues raised in the Plaintiff's objections, this Court has determined to accept and adopt the recommendation of the Magistrate Judge for the reasons stated in the Report-Recommendation.
It is therefore ORDERED that Defendants' motion to dismiss is GRANTED and the Complaint is DISMISSED IN ITS ENTIRETY.
IT IS SO ORDERED.
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