Summary
adopting Report-Recommendation by Treece, M.J., 2008 WL 5056612, at *2 (finding no property interest in documents requested through New York's Freedom of Information Law "FOIL")
Summary of this case from Barnes v. FischerOpinion
9:08-CV-271.
November 24, 2008
DUDLEY HARRIS, Plaintiff, Pro Se, Cayuga Correctional Facility, Moravia, New York.
HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, NY.
DECISION and ORDER
Plaintiff, Dudley Harris, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated October 17, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that Claims # 7, 11-12, and 17 be dismissed for failure to state a cognizable constitutional claim under § 1983; that defendants Fischer, A. Costillo, Saville, and DOCS be dismissed; and that should the district court adopt the report recommendation, the amended complaint be served on the remaining parties to this action. The plaintiff has filed timely objections to the report-recommendation.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Claims No. 7, 11-12, and 17 are DISMISSED;
2. Defendants Fischer, A. Costillo, Saville, and DOCS are DISMISSED;
3. The Clerk is directed to make the necessary changes on the docket to reflect the dismissal of the above defendants; and
3. The Amended Complaint may be served on the remaining parties and the action may go forward.
IT IS SO ORDERED.