Rivera v. Fischer, et al, No. 9:2010cv01369 - Document 28 (N.D.N.Y 2012)
Court Description: DECISION AND ORDER: The 24 Report and Recommendation is adopted. ORDERED that 20 Motion for Sanctions is granted pursuant to Federal Rule of Civil Procedure 37(d), and Plaintiff's Amended Complaint be dismissed in its entirety pursuant to the recommendations set forth in the Report-Recommendation and the Order to Show Cause. Signed by Senior Judge Thomas J. McAvoy on 10/25/12. {order served via regular mail on plaintiff}(nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ CARLOS RIVERA, Plaintiff, vs. 9:10-CV-1369 MARK D. KINDERMAN, Acting Superintendent, Marcy Correctional Facility, Defendants. ___________________________________________ Thomas J. McAvoy, Sr. U.S. District Judge DECISION & ORDER This pro se civil rights action pursuant to 42 U.S.C. § 1983 was referred to the Honorable Randolph F. Treece, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). The Report-Recommendation dated July 26, 2012 recommended: (1) Defendant s Motion for Sanctions, pursuant to Federal Rule of Civil Procedure 37(d), be granted; and (2) Plaintiff s Amended Complaint be dismissed in its entirety for the reasons stated in Magistrate Judge Treece s Order to Show Cause. Plaintiff filed timely objections to the ReportRecommendation, which were non-specific and frivolous. When objections to a magistrate judge s ReportRecommendation are lodged, the 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). After such a review, the Court may 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. Id. Having reviewed the record de novo and having considered the issues raised in the Plaintiff s objections, this Court has determined to ADOPT the recommendation of Magistrate Judge Treece in its entirety, for the reasons stated in the ReportRecommendation and the Order to Show Cause. It is therefore ORDERED that Defendant s Motion for Sanctions be granted pursuant to Federal Rule of Civil Procedure 37(d), and Plaintiff s Amended Complaint be dismissed in its entirety pursuant to the recommendations set forth in the ReportRecommendation and the Order to Show Cause. IT IS SO ORDERED. Dated: October 25, 2012
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