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Maldonado v. Evans

United States District Court, W.D. New York

March 27, 2015

ANGEL MALDONADO, Plaintiff,
v.
ANDREA W. EVANS, Chairwoman & CEO, New York State Division of Parole and BRIAN FISCHER, Commissioner, New York State Department of Correctional Services, Defendants.

ORDER

RICHARD J. ARCARA, District Judge.

The instant case, involving federal constitutional claims pursuant to 42 U.S.C. §1983, was referred to Magistrate Judge H. Kenneth Schroeder, Jr. pursuant to 28 U.S.C. §636(b)(1). Plaintiff, who is proceeding pro se, claims that defendants Evans and Fischer violated his constitutional rights and deprived him of liberty by incarcerating him beyond his parole eligibility date. Plaintiff later amended his complaint to add Livingston Correctional Facility Parole Officer Diana Sherry and NYSDOP Field PO Susanna Mattingly. Both plaintiff and defendants filed motions for summary judgment. (Dkt. Nos. 62 and 69).

On September 26, 2014, Magistrate Judge Schroeder issued a Report and Recommendation recommending that plaintiff's motion for summary judgment be denied and that defendants' motion for summary judgment be granted. (Dkt. No. 81). Plaintiff filed objections on December 10, 2014 (Dkt. No. 84), defendants filed a response on January 7, 2015 (Dkt. No. 87), and plaintiff filed a reply on March 10, 2015. The Court then deemed the matter submitted without oral argument.

Pursuant to 28 U.S.C. §636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon de novo review, and after reviewing the submissions from the parties, the Court hereby adopts the Magistrate Judge's recommendations in their entirety.

Accordingly, for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, plaintiff's motion for summary judgment is denied and defendants' motion for summary judgment is granted. The Second Amended Complaint is dismissed in its entirety, and the Clerk of the Court is instructed to close the case.

SO ORDERED.


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