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Branton v. Columbia County

United States District Court, N.D. New York

May 26, 2015

RODNEY E. BRANTON, Plaintiff,
v.
COLUMBIA COUNTY, NEW YORK; JAMES A. CARLUCCI, Assistant D.A.; JONATHAN D. NICHOLAS, County Judge; SUSAN KUSMINSKY, Court Assistant; RICHARD A. MCNALLY, JR., Acting Judge; JASON C. FINN, Police Officer; NEW YORK STATE POLICE; ABDUL WEED, Investigator; SHANNON J. SULLIVAN, Trooper; NEW YORK DEPT. OF CORRECTIONS AND COMMUNITY SUPERVISION; ANTHONY J. ANNUCCI, Acting Commissioner; JAMES B. MCGOWAN, New York State Department of Law; NEW YORK ATTORNEY GENERAL; and RICHARD M. PLATKIN, Acting Judge, Defendants.

RODNEY E. BRANTON, Plaintiff pro se, Coxsackie Correctional Facility. Coxsackie, NY.

DECISION and ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Rodney E. Branton brought this civil rights action pursuant to 42 U.S.C. § 1983. On April 17, 2015, the Honorable Therèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed without leave to amend and that the motion to set aside judgment be denied as moot. Plaintiff timely filed objections to the Report-Recommendation, as well as filing a letter motion received May 6, 2015, requesting to withdraw his request for a preliminary injunction.

Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Plaintiff's complaint is DISMISSED without leave to amend;

2. The motion to set aside judgment is DENIED as moot;

3. Plaintiff's request to withdraw his request for a preliminary injunction is DENIED as moot; and

4. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.

IT IS SO ORDERED.


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