Opinion
File No. 2:07 CV 260.
October 8, 2008
ORDER
The Report and Recommendation of the United States Magistrate Judge was filed September 2, 2008. Defendant Bouboulis's objections were filed September 12, 2008 and Plaintiff's response was filed on September 17, 2008. Defendant Bouboulis filed a reply memorandum on September 22, 2008.
A district judge must make a de novo determination of those portions of a magistrate judge's report and recommendation to which an objection is made. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); Perez-Rubio v. Wyckoff, 718 F.Supp. 217, 227 (S.D.N.Y. 1989). The district judge may "accept, reject, or modify, in whole or in part, the magistrate's proposed findings and recommendations." Id.
After careful review of the file, the Magistrate Judge's Report and Recommendation and the objections, this Court ADOPTS the Magistrate Judge's recommendation in full with regard to the issue of legislative immunity raised by Defendant Bouboulis's motion. As Bouboulis has not challenged the viability of Plaintiff's substantial and procedural due process claims, the Court does not reach the issue resolved in its memorandum and order dated September 24, 2008, granting Defendant Sondag's motion to dismiss. (Paper 38).
Defendant Bouboulis's motion for judgment on the pleadings (Paper 25) is DENIED.