Opinion
9:07-CV-773.
January 8, 2009
MICHAEL WATTS, Plaintiff, Pro se, 13208-014, FCI Fort Dix, Fort Dix, NJ.
WILLIAM H. PEASE, ESQ., Assistant U.S. Attorney, HON. ANDREW T. BAXTER, Acting United States Attorney for the Northern District of New York, Syracuse, New York.
DECISION and ORDER
Plaintiff, Michael Watts, brought this action pursuant to 28 U.S.C. § 1346(b) and 28 U.S.C. § 2671- 2680, as well as underBivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999 (1971). By Report-Recommendation dated September 30, 2008, the Honorable David E. Peebles, United States Magistrate Judge, recommended that defendants' motion which the court has treated as seeking the entry of summary judgment, be granted, and that plaintiff's complaint in this action be dismissed in its entirety. Objections to the Report-Recommendation have not been filed in spite of the fact that plaintiff requested, and was granted an extension of time to submit his objections.
Based upon a careful review of the entire file, the Report-Recommendation is accepted. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED;
2. Plaintiff's complaint is DISMISSED in its entirety.
3. The Clerk is instructed to file judgment accordingly and close the file.
IT IS SO ORDERED.