Burgos v. Huggins et al, No. 1:2014cv00687 - Document 13 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: adopting the # 11 Report and Recommendation in whole. It is ORDERED that Plaintiff's # 1 Complaint is DISMISSED in its entirety with prejudice, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e)(2)(B)(ii), f or failure to state a claim upon which relief can be granted and for naming defendants who are protected by absolute immunity. The Clerk is directed to enter judgment and close this file. Signed by Judge David N. Hurd on 2/5/2015. [Copy sent to pro se plaintiff via regular and certified mail.] (mc)
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Burgos v. Huggins et al Doc. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------TOMAS BURGOS, Plaintiff, No. 1:14-CV-687 (DNH/RFT) -v- TROOPER A. M. HUGGINS; SPECIAL AGENT BRYAN HAAG; MAGISTRATE DAVID R. HOMER; MAGISTRATE CHRISTIAN F. HUMMEL; JUDGE GARY L. SHARPE; SHERIFF JACK MAHAR; and COUNTY OF RENSSELAER, Defendants. -------------------------------APPEARANCES: OF COUNSEL: TOMAS BURGOS Plaintiff pro se 36229 Last Known Address Rensselaer County Jail 4000 Main Street Troy, NY 12180 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Tomas Burgos brought this civil rights action pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). On January 13, 2015, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed Dockets.Justia.com as against defendants Homer, Hummel, and Sharpe because they are absolutely immune from suit and any claims for false imprisonment and false arrest be dismissed for failure to state a claim. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's complaint is DISMISSED in its entirety with prejudice, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim upon which relief can be granted and for naming defendants who are protected by absolute immunity; and 2. The Clerk is directed to file a judgment accordingly, serve a copy of this Decision and Order and the judgment on plaintiff, and close the file. IT IS SO ORDERED. Dated: February 5, 2015 Utica, New York. -2-
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