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Andre Pacheco v. Zurlo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 23, 2011

ANDRE PACHECO, PLAINTIFF,
v.
ZURLO, 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. Andrew T. Baxter, 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 February 8, 2011 recommended that the Defendants' motion for summary judgment be granted and that Plaintiff's complaint be dismissed in its entirety.

Plaintiff filed timely *fn1 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 the Plaintiff's objections, this Court has determined to accept and adopt the recommendation of Magistrate Judge Baxter for the reasons stated in the Report-Recommendation.

It is therefore ORDERED that:

1. Defendants' motion for summary judgment (Dkt. No. 24) is GRANTED ; and

2. Plaintiff's complaint is DISMISSED IN ITS ENTIRETY .

IT IS SO ORDERED .


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