UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
January 21, 2011
MIGUEL ALEJANDRO JARAMILLO, PLAINTIFF,
JEFFERSON COUNTY DISTRICT ATTORNEY'S OFFICE, CINDY F. INTSCHERT, KRYSTINA S. MILLS, DEFENDANTS.
The opinion of the court was delivered by: Thomas J. McAVOY United States District Judge
DECISION and ORDER
This pro se civil rights action pursuant to 42 U.S.C. § 1983 was referred to the Hon. George H. Lowe, 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 October 5, 2010 recommended: (1) Plaintiff's complaint be dismissed for failure to state a claim; and, (2) Plaintiff's motion for leave to proceed in forma pauperis be denied as moot. Plaintiff filed timely objections to the Report-Recommendation, essentially raising the same arguments presented to the Magistrate Judge.
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 Plaintiff's objections, the Court has determined to adopt the Report and Recommendation of Magistrate Judge Lowe for the reasons stated therein.
It is therefore ORDERED that Plaintiff's Complaint is DISMISSED failure to state a claim and that Plaintiff's motion for leave to proceed in forma pauperis is DENIED as moot.
IT IS SO ORDERED.
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