Opinion
9:06-CV-586.
June 2, 2008
JOSEPH A. CRUM, 31353-037, FCC Forrest City, Medium, Forrest City, AR.
BARBARA D. COTTRELL, ESQ., Assistant U.S. Attorney, HON. GLENN T. SUDDABY, United States Attorney for the Northern District of New York, Attorney for Defendants, Syracuse, New York.
ORDER
Plaintiff, Joseph A. Crum, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated March 17, 2008, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendants' motion to dismiss for failure to state a claim, or in the alternative, their motion for summary judgment be granted. Objections to the Report Recommendation have been filed by the plaintiff.
Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Defendants' motion to dismiss is GRANTED;
2. Plaintiff's complaint is DISMISSED in all respects; and
3. The Clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.