Gonzalez v. Woods et al, No. 9:2008cv00629 - Document 138 (N.D.N.Y 2011)

Court Description: DECISION AND ORDER: ORDERED, that that the Report-Recommendation (Dkt. No. 132 ) is APPROVED and ADOPTED in its ENTIRETY. ORDERED, that Defendant's Motion to dismiss (Dkt. No. 120 ) is GRANTED and Plaintiff's Amended Complaint (Dkt. No. [106-1]) is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on 2/25/11. (Decision and Order served on plaintiff by regular mail) (alh, )

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Gonzalez v. Woods et al Doc. 138 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK RAYMOND GONZALES, Plaintiff, -against- 9:08-CV-629 (LEK/ATB) D. CARPENTER, et. al, Defendants. DECISION and ORDER This matter comes before the Court following a Report-Recommendation filed on January 3, 2011 by the Honorable Andrew T. Baxter, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 132). On February 23, 2011, after receiving multiple extensions of time by which to respond to the Report and Recommendation, Plaintiff Raymond Gonzales filed his objections ( Objections ) to the Magistrate Judge s findings. Dkt. No. 137. It is the duty of this Court to make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b). A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 132) is APPROVED and Dockets.Justia.com ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant s Motion to dismiss (Dkt. No. 120) is GRANTED and Plaintiff s Amended Complaint (Dkt. No. 106-1) is DISMISSED in its entirety; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: February 25, 2011 Albany, New York 2

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