Rouse v. DeLorenzo, No. 1:2011cv01466 - Document 11 (N.D.N.Y 2012)

Court Description: DECISION AND ORDER adopting 4 Report and Recommendations and dismissing the Plaintiff's complaint. Signed by Senior Judge Thomas J. McAvoy on 12/10/2012. (amt) [Pltf served via reg. and cert. mail]

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ SHELIA ROUSE, Plaintiff, v. No. 1:11-CV-1466 THOMAS DE LORENZO, Defendant. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the Hon. David R. Homer, United States Magistrate Judge, for a ReportRecommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). In his Report-Recommendation and Order, Magistrate Judge Homer recommended that Rouse s complaint be DISMISSED. Dkt. # 4. Rouse filed objections, dkt. # 4, and a supplement to her complaint and objections. Dkt. # 7. II. DISCUSSION 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)(C). After reviewing the report and recommendation, the Court may 1 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. 28 U.S.C. § 636(b)(1)(C). III. CONCLUSION Having reviewed Plaintiff s objections and her supplement, the Court determines to adopt Magistrate Judge Homer s recommendation for the reasons stated in the ReportRecommendation and Order. Therefore, Plaintiff s complaint is DISMISSED. IT IS SO ORDERED Dated: December 10, 2012 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.