United States District Court, N.D. New York
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. Therèse Wiley-Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
In her Order and Report-Recommendation, Magistrate Judge Wiley-Dancks recommended that Defendants' motion for summary judgment (Dkt. # 47) be granted in its entirety; and that Plaintiff's § 1983 claims for money damages against Defendants in their official capacities be sua sponte dismissed with prejudice. See Order & Rep.-Rec. Dkt. # 56. Plaintiff filed objections to Magistrate Judge Wiley-Dancks' recommendations. See Dkt. No. 58.
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 Wiley-Dancks' recommendations for the reasons stated in her thorough report.
For the reasons discussed above, the Court accepts and adopts Magistrate Judge Wiley-Dancks' Order and Report-Recommendation in its entirety. Accordingly, Defendants' motion for summary judgment (Dkt. # 47) is GRANTED in its entirety, and all claims against Defendants in this individual capacities are DISMISSED; and Plaintiff's §1983 claims for money damages against Defendants in their official capacities are sua sponte ...