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Peterson v. Onondaga County

United States District Court, N.D. New York

May 19, 2015

CARLOS PETERSON, Plaintiff,
v.
ONONDAGA COUNTY, NEW YORK, Defendant.

DECISION & ORDER

THOMAS J. McAVOY, Senior District Judge.

This pro se civil rights action pursuant to 42 U.S.C. § 1983 was referred to the Hon. Therèse Wiley Dancks, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

The Report-Recommendation, dated March 24, 2015, recommended that the Plaintiff's Complaint (Dkt. No. 1) be dismissed without leave to amend for failure to state a claim and as barred under Heck v. Humphrey, 512 U.S. 447 (1993).

Plaintiff filed timely objections to the Report-Recommendation, essentially raising the same arguments presented to the Magistrate Judge.

When objections to a magistrate judge's Report-Recommendation are lodged, the 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). After such a review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.

Having reviewed the record de novo and having considered the issues raised in the Plaintiff's objections, this Court has determined to accept and adopt in whole the recommendation of the Magistrate Judge for the reasons stated in the Report-Recommendation.

It is therefore

ORDERED that Plaintiff's Complaint is hereby DISMISSED WITHOUT LEAVE TO AMEND for failure to state a claim and as barred under Heck v. Humphrey, 512 U.S. 447 (1993).

IT IS SO ORDERED.


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