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Henderson v. Fischer

United States District Court, N.D. New York

March 18, 2015

MICHAEL JOSHUA HENDERSON, Plaintiff,
v.
BRIAN FISCHER, et al., Defendants.

DECISION & ORDER

THOMAS J. McAVOY, Senior District Judge.

I. INTRODUCTION

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.).

III. DISCUSSION

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.

IV. CONCLUSION

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 DISMISSED with prejudice. The Clerk may enter judgment in favor of defendants and close the file in this matter.

IT IS SO ORDERED.


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