Opinion
9:03-CV-1458.
January 26, 2006
HUGH B. LEONARD, ESQ., LARRY A. BRATTON, 01-A-6725, Cayuga Correctional Facility, Moravia, NY, O'CONNOR, GACIOCH LAW FIRM, Binghamton, New York, Attorneys for Defendants Baker and Sterling Reference Laboratories.
SENTA B. SIUDA, ESQ., HON. ELIOT SPITZER, Attorney General of the Asst. Attorney General, State of New York, Syracuse, New York, Attorney for Defendants Wilkowski and Bour Department of Law.
ORDER
Plaintiff, Larry A. Bratton, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report Recommendation dated March 10, 2005, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that defendants' Motions to Dismiss be granted and plaintiff's entire complaint be dismissed. The plaintiff filed objections to that Report-Recommendation, and on March 31, 2005, the case was remanded to the Magistrate Judge for reconsideration. By Supplemental Report and Recommendation dated April 6, 2005, Magistrate Judge Randolph F. Treece again recommended that defendants' motions to dismiss be granted and that plaintiff's entire complaint be dismissed. Timely objections have been filed by the plaintiff.
Based upon a de novo determination of the portions of the Supplemental Report-Recommendation to which the plaintiff has objected, the Magistrate Judge's recommendations are accepted and adopted in whole. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. The defendants' motions to dismiss are GRANTED; and
2. Plaintiff's entire complaint is DISMISSED.
The Clerk is directed to file judgment accordingly.
IT IS SO ORDERED.