From Casetext: Smarter Legal Research

Koehl v. Greene

United States District Court, N.D. New York
Sep 26, 2007
9:06-CV-0478 (LEK/GHL) (N.D.N.Y. Sep. 26, 2007)

Summary

In Koehl, Judge Kahn opined that it was "highly questionable whether the 'continuing violation' doctrine, which is 'largely a creature of Title VII employment discrimination law,' may also be applied in Section 1983 civil rights actions that do not involve allegations of discrimination."

Summary of this case from Ellis v. Kelly

Opinion

9:06-CV-0478 (LEK/GHL).

September 26, 2007


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on September 10, 2007 by the Honorable George H. Lowe, 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. 37). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Edward Koehl ("Plaintiff"), which were filed on September 19, 2007. Objections (Dkt. No. 38).

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. 37) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendant's Motion to dismiss Plaintiff's claim against Defendant Dalsheim (Dkt. NO. 27) is GRANTED; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.


Summaries of

Koehl v. Greene

United States District Court, N.D. New York
Sep 26, 2007
9:06-CV-0478 (LEK/GHL) (N.D.N.Y. Sep. 26, 2007)

In Koehl, Judge Kahn opined that it was "highly questionable whether the 'continuing violation' doctrine, which is 'largely a creature of Title VII employment discrimination law,' may also be applied in Section 1983 civil rights actions that do not involve allegations of discrimination."

Summary of this case from Ellis v. Kelly
Case details for

Koehl v. Greene

Case Details

Full title:EDWARD KOEHL, Plaintiff, v. GARY GREENE, et al, Defendants

Court:United States District Court, N.D. New York

Date published: Sep 26, 2007

Citations

9:06-CV-0478 (LEK/GHL) (N.D.N.Y. Sep. 26, 2007)

Citing Cases

Fletcher v. Goord

[internal quotation marks and citation omitted].Koehl v. Greene, 06-CV-0478, 2007 WL 2846905, at *3 n. 17…

Vested Bus. Brokers, Ltd. v. Cnty. of Suffolk

Moreover, the Court recognizes that the weight of authority in the Second Circuit appears to hold that the…