Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Smith v. Wurzberger

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


May 19, 2008

TERRY SMITH, PLAINTIFF,
v.
BEZALEL WURZBERGER, DEFENDANT.

The opinion of the court was delivered by: Gary L. Sharpe U.S. District Judge

DECISION AND ORDER

The above-captioned matter comes to this court following a Report and Recommendation ("R&R") by Magistrate Judge David E. Peebles, filed March 27, 2008. (Dkt. No. 34.)*fn1 The R&R recommended that the defendant's motion for summary judgment be granted. Pending are the plaintiff's timely objections ("Objections") to the R&R. (Dkt. No. 35.)

It is plain from the plaintiff's Objections that he disagrees with the result reached by Judge Peebles. However, beyond noting his disagreement, he does not point to any specific errors in the R&R. Rather, his Objections are general and conclusory in nature. (See, e.g., Objections at 1 ("Deliberate indifference was explained to the court correctly.").) Therefore, the court has reviewed the R&R for clear error. See Almonte v. New York State Div. of Parole, No. 9:04-cv-484, 2006 WL 149049, at *3-6 (N.D.N.Y. Jan. 18, 2006); Lara v. Bloomberg, No. 04-cv-8690, 2008 WL 123840, at *3 n.5 (S.D.N.Y. Jan. 8, 2008) (reviewing R&R for clear error where plaintiff's objections "reveal only his disagreement with the conclusions reached by [the Magistrate Judge]" and "do not assert any specific errors contained in the Report"). Upon such review, the court finds no error in Judge Peebles's analysis. Accordingly, the R&R is approved and adopted in its entirety.

WHEREFORE, for the foregoing reasons, it is hereby ORDERED that Magistrate Judge Peebles's March 27, 2008 Report and Recommendation is adopted in its entirety; and it is further

ORDERED that the defendant's motion for summary judgment (Dkt. No. 28) is GRANTED and the Complaint is DISMISSED; and it is further

ORDERED that the Clerk provide copies of this Decision and Order to the parties.

IT IS SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.