Opinion
1:21-CV-303
05-04-2021
GERMAINE MONTES, v. CONNOR O'SHEA et al., Defendants.
APPEARANCES: Germaine Montes Plaintiff, Pro Se 20343 Albany County Correctional Facility 840 Albany Shaker Road Albany, NY 12211
| APPEARANCES: | OF COUNSEL: |
| Germaine MontesPlaintiff, Pro Se20343Albany County Correctional Facility840 Albany Shaker RoadAlbany, NY 12211 |
Pro se plaintiff Germaine Montes ("plaintiff") filed this action alleging civil rights violations in connection with his arrest and prosecution for possession of a firearm in violation of state law.
On April 6, 2021, U.S. Magistrate Judge Andrew T. Baxter granted plaintiff's motion for leave to proceed in forma pauperis for the purpose of filing. Dkt. No. 5. Judge Baxter also advised by Report & Recommendation that plaintiff's complaint be dismissed with prejudice as to certain defendants and without prejudice to refiling as to others. Dkt. No. 5. Plaintiff has filed objections to the Report & Recommendation. Dkt. No. 6.
Upon de novo review of the portions to which plaintiff has objected, the Report & Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1)(C).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ADOPTED.
IT IS SO ORDERED. Dated: May 4, 2021
Utica, New York.
/s/_________
David N. Hurd
U.S. District Judge