From Casetext: Smarter Legal Research

McCarroll v. Federal Bureau of Prisons

United States District Court, N.D. New York
Nov 4, 2010
9:08-CV-1343 (N.D.N.Y. Nov. 4, 2010)

Summary

noting that "[s]everal district courts in the Second Circuit have determined that Iqbal nullified some of the Colon categories"

Summary of this case from Cutie v. Sheehan

Opinion

9:08-CV-1343.

November 4, 2010

DOUGLAS R. McCARROLL, Plaintiff, Pro Se, c/o Law Offices of Bruce Corrigan, Jr., Westport, CT.

CHARLES E. ROBERTS, ESQ., Assistant U.S. Attorney, HON. RICHARD S. HARTUNIAN, United States Attorney for the Northern District of New York, Syracuse, New York.


DECISION and ORDER


The above action was commenced in December 2008, pursuant toBivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). By Report-Recommendation dated September 30, 2010, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the court: (1) dismiss plaintiff's request for injunctive relief as moot as discussed in the March report on page eight; and (2) dismiss plaintiff's damages claims against all defendants on qualified immunity grounds and dismissing the action in its entirety. The plaintiff has filed objections to the Report-Recommendation.

Based upon a careful review of the file, including those portions to which plaintiff has objected;, and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Plaintiff's request for injunctive relief is DENIED;
2. Plaintiff's damages claims against all defendants are DISMISSED; and
3. This action is DISMISSED in its entirety.

The Clerk is directed to close the file.

IT IS SO ORDERED.

Dated: November 4, 2010

Utica, New York.


Summaries of

McCarroll v. Federal Bureau of Prisons

United States District Court, N.D. New York
Nov 4, 2010
9:08-CV-1343 (N.D.N.Y. Nov. 4, 2010)

noting that "[s]everal district courts in the Second Circuit have determined that Iqbal nullified some of the Colon categories"

Summary of this case from Cutie v. Sheehan

noting that although the Second Circuit has not yet addressed Iqbal's impact on the five Colon categories, several district courts have determined that it nullified some categories

Summary of this case from Gabriel v. Cnty. of Herkimer

noting that although the Second Circuit has not yet addressed Iqbal's impact on the five Colon factors, several district courts have done so

Summary of this case from Rolling v. Rother

noting that although the Second Circuit has not yet addressed Iqbal's impact on the fiveColon categories, several district courts have determined that it "nullified" some

Summary of this case from Risch v. Hulihan
Case details for

McCarroll v. Federal Bureau of Prisons

Case Details

Full title:DOUGLAS R. McCARROLL, Plaintiff, v. FEDERAL BUREAU OF PRISONS; HARLEY G…

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

Date published: Nov 4, 2010

Citations

9:08-CV-1343 (N.D.N.Y. Nov. 4, 2010)

Citing Cases

Smith v. Wright

The Second Circuit has instructed that for purposes of the qualified immunity inquiry, the constitutional…

Rolling v. Rother

Various courts in the Second Circuit have considered how, if at all, the decision in Ashcroft v. Iqbal, 556…