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Dove v. Smith

United States District Court, Second Circuit

January 14, 2014

DONALD MACK DOVE, Plaintiff,
v.
MARTIN E. SMITH, Judge, Broome County Supreme Court; GERALD F. MOLLEN, District Attorney Broome County; and JOANNE ROSE PARRY, Chief Assistant District Attorney, Defendants.

DONALD M. DOVE, Plaintiff pro se, 10-B-0378, Elmira Correctional Facility Elmira, NY.

DECISION and ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Donald M. Dove brought this action pursuant to 42 U.S.C. § 1983. On December 19, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed in all respects as against all three named defendants, without leave to replead. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Plaintiff's complaint is DISMISSED in its entirety without leave to replead; and

2. The Clerk is directed to file a judgment accordingly.

The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.

IT IS SO ORDERED.


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