Summary
stating that "state regulations, including DOCS Directives, do not ordinarily confer constitutional rights"
Summary of this case from Halpin v. PatrissiOpinion
9:09-CV-240.
February 18, 2010
JASON R. WHITE, Plaintiff, pro se, 96-B-1280, Elmira Correctional Facility, Elmira, NY.
BRIAN J. O'DONNELL, 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.
DECISION and ORDER
Plaintiff, Jason R. White, commenced this civil rights action in February 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated January 25, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendant's motion to dismiss (Dkt. No. 10) be granted, and that plaintiff's complaint in this action be dismissed without leave to replead. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Peebles, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Defendant's motion to dismiss (Dkt. No. 10) is GRANTED;
2. Plaintiff's complaint in this action is DISMISSED without leave to replead; and
3. The Clerk is directed to file judgment accordingly and close the file.
IT IS SO ORDERED.