Summary
reaching the "common sense determination" that banning sexual interactions "certainly qualifies as having a valid, rational connection to preventing prison violence and promoting safety"
Summary of this case from Hawkins v. SharpOpinion
File No. 2:13 CV 271
04-29-2014
MARTIN DEMETRIO MORALES, Plaintiff, v. ANDREW PALLITO, Defendant.
ORDER
The Report and Recommendation of the United States Magistrate Judge was filed March 31, 2014. Plaintiff's objections were filed April 16, 2014.
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 dismissing Plaintiff's complaint (Doc. 6). In addition, the Plaintiff's Motions to Appoint Counsel (Doc. 3, 14) are DENIED AS MOOT, Plaintiff's motion on the issue of default judgment (Doc. 20) is DENIED and Defendant's Motion to Dismiss (Doc. 12) is GRANTED.
Dated at Burlington, in the District of Vermont, this 29th day of April, 2014.
______________________
William K. Sessions III
District Court Judge