Summary
holding that the plaintiff could not claim deprivation of procedural due process stemming from a denial of his ability to participate in the FRP
Summary of this case from Garcia v. MorrisOpinion
9:04-CV-1183, (DNH/DEP).
September 15, 2008
JOSE ORRACA, 93-A-9300, Plaintiff Pro Se, Southport Correctional Facility, Pine City, NY.
STEPHEN M. KERWIN, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York.
ORDER
Plaintiff, Jose Orraca, brought this civil rights action pursuant to 42 U.S.C. § 1983. In Report Recommendation dated July 21, 2008, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion for summary judgment be granted and all remaining claims contained within plaintiff's complaint be dismissed. 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 for summary judgment is GRANTED;
2. All remaining claims contained within plaintiff's complaint are DISMISSED;
3. The Clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.