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Johnson v. Adams, 9:14-cv-811 (GLS/DEP). (2016)

Court: District Court, N.D. New York Number: infdco20161109g48 Visitors: 6
Filed: Nov. 08, 2016
Latest Update: Nov. 08, 2016
Summary: ORDER GARY L. SHARPE , District Judge . The above-captioned matter comes to this court following a Report and Recommendation (R&R) by Magistrate Judge David E. Peebles, duly filed on July 25, 2016. (Dkt. No. 54.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. Plaintiff pro se Jonathan Johnson filed objections to the R&R. (Dkt No. 55.) In that filing, Johnson confusingly alleges that the R&R con
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ORDER

The above-captioned matter comes to this court following a Report and Recommendation (R&R) by Magistrate Judge David E. Peebles, duly filed on July 25, 2016. (Dkt. No. 54.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

Plaintiff pro se Jonathan Johnson filed objections to the R&R. (Dkt No. 55.) In that filing, Johnson confusingly alleges that the R&R contains misstatements of fact and that its recommendation as to defendants Richard Adams and Patrick Johnston is contrary to Grullon v. City of New Haven, 720 F.3d 133 (2d Cir. 2013), and Chavis v. Chappius, 618 F.3d 162 (2d Cir. 2010). (Dkt. No. 55.) Johnson's objections are conclusory and/or irrelevant. The objections, to the extent they are deserving of de novo review, see Almonte v. N.Y.S. Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at *6-7 (N.D.N.Y. Jan. 18, 2006), are rejected for precisely the reasons articulated in the R&R. The R&R is otherwise free from clear error, id. at *6, and is therefore adopted.

ORDERED that the Report and Recommendation (Dkt. No. 54) is ADOPTED in its entirety; and it is further

ORDERED that defendants' motions for summary judgment (Dkt. Nos. 43, 48), are GRANTED; and it is further

ORDERED that the complaint (Dkt. No. 4) is DISMISSED in its entirety; and it is further

ORDERED that the Clerk close this case; and it is further

ORDERED that the Clerk provide a copy of this Order to the parties in accordance with this court's Local Rules.

IT IS SO ORDERED.

Source:  Leagle

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