Summary
approving and adopting dismissal of claim of a violation of the Civil Rights of Institutionalized Persons Act of 1980, codified at 42 U.S.C. § 1997 et seq. on ground that "neither th[e] language [in section 1997c] nor any other portion of the statute evinces an intent by Congress to provide a private right of action to sue independently under the Act asserting constitutional deprivations which are fully redressable under 42 U.S .C. § 1983"
Summary of this case from Mason v. BesseOpinion
9:06-CV-410 (LEK/DEP).
January 30, 2008
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on December 27, 2007 by the Honorable David E. Peebles, 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. 27). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Issac McDonald, which were filed on January 9, 2008 and January 24, 2008. Objections (Dkt. Nos. 34, 38).
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 herebyORDERED, that the Report-Recommendation (Dkt. No. 27) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendants' Motion to dismiss (Dkt. No. 25) is DENIED as to Plaintiff's equal protection and retaliation claims, as against Defendants Costonas, Wildermuth, and Frazier, but otherwise GRANTED; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.