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Hallock v. United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


October 13, 2010

RICHARD HALLOCK, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Richard Hallock, the named plaintiff, brought this action in October 2009, for the return of certain property. By Report-Recommendation dated July 28, 2010, the Honorable David E. Peebles, United States Magistrate Judge, recommended that plaintiff's claims for recovery of damages for violation of his constitutional rights be dismissed; and further recommended that an evidentiary hearing be scheduled to address the factual issues of whether plaintiff has standing to bring this proceeding, whether the statute of limitations should be equitably tolled, and whether the defendant remains in possession of the property at issue. The parties have filed objections to the Report-Recommendation.

Based upon a de novo review of the entire file, including the portions of the Report-Recommendation to which the parties have objected, and the recommendations of Magistrate Judge Peebles, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. Plaintiff's claims for recovery of damages for violation of his constitutional rights are DISMISSED;

2. This matter is remanded to the Magistrate Judge for an evidentiary hearing to address the factual issues of whether plaintiff has standing to bring this proceeding, whether the statute of limitations should be equitably tolled, and whether the defendant remains in possession of the property at issue.

IT IS SO ORDERED.

Utica, New York.

20101013

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