UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
February 25, 2011
RAYMOND GONZALES, PLAINTIFF,
D. CARPENTER, ET. AL, DEFENDANTS.
DECISION and ORDER
This matter comes before the Court following a Report-Recommendation filed on January 3, 2011 by the Honorable Andrew T. Baxter, 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. 132). On February 23, 2011, after receiving multiple extensions of time by which to respond to the Report and Recommendation, Plaintiff Raymond Gonzales filed his objections ("Objections") to the Magistrate Judge's findings. Dkt. No. 137.
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.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 132) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendant's Motion to dismiss (Dkt. No. 120) is GRANTED and Plaintiff's Amended Complaint (Dkt. No. 106-1) is DISMISSED in its entirety; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED.
Albany, New York
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