Opinion
9:03-CV-1029.
September 26, 2006
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on August 29, 2006, by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 87). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Aaron Taylor, which were filed on September 7, 2006. Objections (Dkt. No. 88).
It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein. Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 87) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' motion for summary judgment (Dkt. No. 68) is GRANTED and the case is DISMISSED; and it is further
ORDERED, that the plaintiff's motion for appointment of counsel (Dkt no. 82) is DENIED as MOOT. ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.