Opinion
No. 9:03-CV-755.
January 9, 2006
GEORGE CHAVIS, Pine City, NY,
HON. ELIOT SPITZER, Attorney General of the State of New York, Department of Law, Syracuse, New York, Attorney for Defendant.
COUNSEL OF, PATRICK F. MacRAE, ESQ., Asst. Attorney General.
ORDER
Plaintiff, George Chavis, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated December 7, 2005, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion for summary judgment dismissing plaintiff's complaint be granted, and that plaintiff's complaint be dismissed in its entirety. The defendants have filed a timely objection to an element of the Magistrate Judge's Report and Recommendation limited to the portion that denies defendants' request for award of costs and attorney's fees associated with the deposition (Docket No. 64). Plaintiff has not responded.
Based upon a de novo review of the portions of the Report-Recommendation to which the defendants have objected, and for the reasons set forth in defendants' objections, costs and attorney fees are awarded to the defendants in the sum of $1,400.00. The remainder of the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. The defendants' motion for summary judgment dismissing plaintiff's complaint is GRANTED;
2. The plaintiff's complaint is DISMISSED; and
3. Defendants are awarded the sum of $1,400.00 against the plaintiff.
The Clerk is directed to file judgment accordingly.
IT IS SO ORDERED.