Abascal v. Hilton

Jan 30, 2008
9:04-cv-01401
Reporters:
,
Before:
Lawrence E. Kahn

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on December 28, 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. 41). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Isidro Abascal, which were filed on January 7, 2008. Objections (Dkt. No. 42).

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

ORDERED that Defendant Hilton‘s Motion to dismiss (Dkt. No. 37) is GRANTED; and it is further

ORDERED, that Plaintiff‘s claims against Defendant Hilton that are not the subject of Defendant Hilton‘s Motion to dismiss (Dkt. No. 37) are DISMISSED pursuant to the Court‘s authority to do so under 28 U.S.C. § 1915(e)(2)(B)(ii), 28 U.S.C. § 1915A(b), and/or Fed. R. Civ. P. 12(h)(3), for the reasons stated above; and it is further

ORDERED, that Plaintiff‘s claims against Defendant Langbart are DISMISSED with prejudice for failure to serve, for the reasons stated above; and it is further

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

IT IS SO ORDERED.

DATED: January 30, 2008

Albany, New York

Lawrence E. Kahn

U.S. District Judge