Summary
noting that "[s]everal district courts in the Second Circuit have determined that Iqbal nullified some of the Colon categories"
Summary of this case from Cutie v. SheehanOpinion
9:08-CV-1343.
November 4, 2010
DOUGLAS R. McCARROLL, Plaintiff, Pro Se, c/o Law Offices of Bruce Corrigan, Jr., Westport, CT.
CHARLES E. ROBERTS, ESQ., Assistant U.S. Attorney, HON. RICHARD S. HARTUNIAN, United States Attorney for the Northern District of New York, Syracuse, New York.
DECISION and ORDER
The above action was commenced in December 2008, pursuant toBivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). By Report-Recommendation dated September 30, 2010, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the court: (1) dismiss plaintiff's request for injunctive relief as moot as discussed in the March report on page eight; and (2) dismiss plaintiff's damages claims against all defendants on qualified immunity grounds and dismissing the action in its entirety. The plaintiff has filed objections to the Report-Recommendation.
Based upon a careful review of the file, including those portions to which plaintiff has objected;, and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Plaintiff's request for injunctive relief is DENIED;
2. Plaintiff's damages claims against all defendants are DISMISSED; and
3. This action is DISMISSED in its entirety.
The Clerk is directed to close the file.
IT IS SO ORDERED.
Dated: November 4, 2010
Utica, New York.