Singleton v. Perry, No. 8:2014cv00185 - Document 8 (N.D.N.Y 2014)
Court Description: DECISION and ORDER: Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the 5 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).1. Therefore, it i s ORDERED that Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. Signed by Judge David N. Hurd on 3/27/2014. (ptm) (Copy served on plaintiff by regular mail)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------WILLIE SINGLETON, 8:14-CV-185 (DNH/CFH) Plaintiff, -v- CAROLE PERRY, Secretary to the Chief of Police, Geneva City Public Safety Building, Defendant. -------------------------------APPEARANCES: OF COUNSEL: WILLIE SINGLETON Plaintiff Pro Se 07-B-3397 Clinton Correctional Facility Post Office Box 2002 Dannemora, NY 12929 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Willie Singleton brought this action pursuant to 42 U.S.C. § 1983. On March 4, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed as untimely based on the statute of limitations. Plaintiff timely filed objections to the ReportRecommendation. 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).1 Therefore, it is ORDERED that Plaintiff's complaint is DISMISSED in its entirety. 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. Dated: March 27, 2014 Utica, New York. 1 The Report-Recommendation notes that the statute of limitations for claims brought under §§ 1981 and 1985 of the Civil Rights Act is three years. However, the claims in this case were brought pursuant to § 1983. The statute of limitations for a § 1983 claim arising in New York is also three years. Cloverleaf Realty v. Town of Wawayanda, 572 F.3d 93, 94 (2d Cir. 2009). Thus, the end result is the same. -2-
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