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Joseph Parks v. Joseph T. Smith

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 9, 2011

JOSEPH PARKS, PLAINTIFF,
v.
JOSEPH T. SMITH, ET AL. , DEFENDANTS.

The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge

DECISION & ORDER

I. INTRODUCTION

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the Hon. George H. Lowe, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). In his March 29, 2011 Report-Recommendation, Magistrate Judge Lowe recommended that Defendants' motion for summary judgment (Dkt. No. 51) be granted. Plaintiff has filed objections to this recommendation.

II. STANDARD OF REVIEW

When objections to a magistrate judge's report and recommendation are lodged, the district 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)(C). General or conclusory objections, or objections which merely recite the same arguments presented to the magistrate judge, are reviewed for clear error. Farid v. Bouey, 554 F. Supp. 2d 301, 306 n.2 (N.D.N.Y. 2008); see Frankel v. N.Y.C., 2009 WL 465645 at *2 (S.D.N.Y. Feb. 25, 2009). *fn1 After reviewing the Report-Recommendation, 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." 28 U.S.C. § 636(b)(1)(C).

III. DISCUSSION

Having reviewed de novo those portions of the Report-Recommendation that Plaintiff has lodged objections to, the Court determines to adopt the recommendations for the reasons stated in Magistrate Judge Lowe's thorough report.

IV. CONCLUSION

Therefore, the Court ADOPTS the recommendations made by Magistrate Judge Lowe in their entirety. Accordingly, it is hereby ORDERED that Defendants' motion for summary judgment (Dkt. No. 51) is GRANTED and the remaining claims in this action are DISMISSED. The Clerk is instructed to enter judgment and close the file in this matter.

IT IS SO ORDERED


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