Hamrick v. Hamrick, et al, No. 1:2012cv00576 - Document 12 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER adopting the 6 Report and Recommendations and dismissing Plaintiff's 1 Complaint; denying Plaintiff's 4 Motion for Preliminary Injunction; and denying as moot Plaintiff's 11 Letter Request to withdraw his jury demand. Signed by Senior Judge Thomas J. McAvoy on 2/19/2013. (amt) [Pltf served via reg and cert. mail at his last known address]
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ DOM HAMRICK, Plaintiff, -v- Civ. No. 1:12-CV-576 (TJM/RFT) DANIELLE LYNN HAMRICK, Employee of NY Office of the Attorney General; ERIC T. SCHNEIDERMAN, New York State Attorney General; P. DAVID SOARES, Albany County District Attorney; RONALD BOISVERT, Chief of Police; KATHLEEN M. DALTON, Ph.D., Commissioner, Defendants. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the Hon. Randolph F. Treece, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). In his Report-Recommendation and Order, Magistrate Judge Treece recommended that Plaintiff s complaint be dismissed, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) & (iii), for failure to establish subject matter jurisdiction and for failure to state a claim upon which relief may be granted; and that Plaintiff s Motion for Temporary Injunction [Dkt. # 4] against the Watervliet City Court s Arrest Warrant be denied. Plaintiff filed objections to 1 the Report-Recommendation and Order. Dkt. # 7. II. DISCUSSION When objections to a magistrate judge's report and recommendation are lodged, the district court makes a "de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." See 28 U.S.C. § 636(b)(1)(C). After reviewing the report and recommendation, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." 28 U.S.C. § 636(b)(1)(C). III. CONCLUSION Having reviewed Plaintiff's objections, the Court determines to adopt Magistrate Judge Treece s recommendations for the reasons stated in the Report-Recommendation and Order [dkt. # 6]. Therefore, Plaintiff's complaint [dkt. # 1] is DISMISSED. Plaintiff s Motion for a Temporary Injunction [Dkt. # 4] is DENIED. Plaintiff s Letter Motion requesting to withdraw his demand for a jury trial [dkt. # 11] is DENIED as moot. IT IS SO ORDERED Dated: February 19, 2013 2
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