Dove v. Smith et al, No. 3:2013cv01315 - Document 7 (N.D.N.Y 2014)

Court Description: DECISION and ORDER adopting Report and Recommendation 4 . 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. ORDERED that Plaintiff's complaint is DISMISSED in its entirety without leave to replead; and the Clerk is directed to file a judgment accordingly. Signed by Judge David N. Hurd on 1/14/2014. (lah)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DONALD MACK DOVE, Plaintiff, No. 3:13-cv-1315 -v- MARTIN E. SMITH, Judge, Broome County Supreme Court; GERALD F. MOLLEN, District Attorney Broome County; and JOANNE ROSE PARRY, Chief Assistant District Attorney, Defendants. -------------------------------APPEARANCES: OF COUNSEL: DONALD M. DOVE Plaintiff pro se 10-B-0378 Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Donald M. Dove brought this action pursuant to 42 U.S.C. § 1983. On December 19, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed in all respects as against all three named defendants, without leave to replead. Plaintiff timely filed objections to the Report-Recommendation. 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 in its entirety without leave to replead; and 2. The Clerk is directed to file a judgment accordingly. 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: January 14, 2014 Utica, New York. -2-

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