Opinion
9:07-CV-00765 (LEK/DRH).
September 10, 2008
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on August 12, 2008 by the Honorable David R. Homer, 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. 21). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Johnnie Cooks, which were filed on August 19, 2008. Objections (Dkt. No. 22).
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. 21) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motion to dismiss (Dkt. No. 14) is GRANTED and the Complaint (Dkt. No. 1) is DISMISSED in its entirety as to Defendant Delpiano and Defendant Ryerson; and it is further
ORDERED, that the Complaint (Dkt. No. 1) is DISMISSED as to Defendant John Doe without prejudice pursuant to Fed.R.Civ.P. 4(m) and N.D.N.Y.L.R. 4.1(b); and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.