United States District Court, N.D. New York
March 12, 2015
RASHAWN E. LEWIS, Plaintiff,
RICHARD GIARDINO, Defendant.
DECISION & ORDER
THOMAS J. McAVOY, Senior District Judge.
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
In his Order and Report-Recommendation, Magistrate Judge Baxter ordered that Plaintiff's in forma pauperis application (Dkt. No. 2) be granted; recommended that the action be dismissed in its entirety pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii) based on absolute immunity and for failure to state a claim upon which relief can be granted; and ordered that Plaintiff's motion for appointment of counsel (Dkt. No. 3) be denied as moot. See Rep. Rec. & Order, Dkt. # 4. Plaintiff filed an objection to Magistrate Judge Baxter's recommendation. See Dkt. No. 5.
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); see also United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997) (The Court must make a de novo determination to the extent that a party makes specific objections to a magistrate's findings.).
Having considered Plaintiff's objections and having completed a de novo review of the issues raised by the objections, the Court accepts and adopts Magistrate Judge Baxter's recommendations for the reasons stated in his report.
For the reasons discussed above, the Court accepts and adopts Magistrate Judge Baxter's Order and Report-Recommendation in its entirety. Accordingly, Plaintiff's action is DISMISSED IN ITS ENTIRETY pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii) based on absolute immunity and for failure to state a claim upon which relief can be granted. To the extent that Plaintiff renews his motion for appointment of counsel in his objections, that motion is denied as moot.
IT IS SO ORDERED.