Caldwell v. Crossett et al, No. 9:2009cv00576 - Document 22 (N.D.N.Y 2010)

Court Description: DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 20 ) is APPROVED and ADOPTED in its ENTIRETY; ORDERED, that Defendants' Motion to Dismiss Plaintiff's Complaint (Dkt. No. 17 ) is GRANTED; ORDERED, that Plaintiff's Complaint (Dkt. No. 1 ) is DISMISSED in its entirety. Signed by Senior Judge Lawrence E. Kahn on 6/9/10. {order served on plaintiff by regular mail} (mnc)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CORY CALDWELL Plaintiff, -against- 9:09-CV-576 (LEK/RFT) K. CROSSET, Corrections Officer, J. DISHAW, Corrections Officer, KELSH, Corrections Sergeant Defendants. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on May 24, 2010 by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. ReportRec. (Dkt. No. 20). On June 3, 2010, Plaintiff Cory Caldwell ( Plaintiff ) filed objections to Report-Recommendation. Dkt. No. 21. Plaintiff objects to the language used; the facts relied upon; and the conclusions drawn by the Magistrate Judge. Id. Plaintiff also alleges that his response to Defendant s Motion to dismiss was not considered by the Magistrate. Id. This Court is 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. Where, however, an objecting party makes only conclusory or general objections, or simply reiterates his original arguments, the Court reviews the Report and Recommendation only for clear error. Farid v. Bouey, 554 F. Supp. 2d 301, 307 (N.D.N.Y. 2008) (quoting McAllan v. Von Essen, 517 F. Supp. 2d 672, 679 (S.D.N.Y. 2007) (citations and quotations omitted)). The Court has considered Plaintiff s Objections (Dkt. No. 21) and finds that they comprise only conclusory and general objections. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. For the above reasons, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 20) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion to Dismiss Plaintiff s Complaint (Dkt. No. 17) is GRANTED; and it is further ORDERED, that Plaintiff s Complaint (Dkt. No. 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: June 09, 2010 Albany, New York 2

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