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McCarroll v. Federal Bureau of Prisons

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 4, 2010

DOUGLAS R. MCCARROLL, PLAINTIFF,
v.
FEDERAL BUREAU OF PRISONS; HARLEY G. LAPPIN, DIRECTOR; DEBORAH G. SCHULT, PHD., WARDEN OF FCI RAY BROOK; DR. DAWN MARINI, CLINICAL DIRECTOR OF FCI RAY BROOK; A. LESTER, MEDICAL EMPLOYEE; AND ROBERT S. MUELLER, III, DEFENDANTS.

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

DECISION and ORDER

The above action was commenced in December 2008, pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). By Report-Recommendation dated September 30, 2010, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the court: (1) dismiss plaintiff's request for injunctive relief as moot as discussed in the March report on page eight; and (2) dismiss plaintiff's damages claims against all defendants on qualified immunity grounds and dismissing the action in its entirety. The plaintiff has filed objections to the Report-Recommendation.

Based upon a careful review of the file, including those portions to which plaintiff has objected;, and the recommendations of Magistrate Judge Lowe, 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 request for injunctive relief is DENIED;

2. Plaintiff's damages claims against all defendants are DISMISSED; and

3. This action is DISMISSED in its entirety. The Clerk is directed to close the file.

IT IS SO ORDERED.

20101104

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