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Roosevelt Council v. State

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 15, 2008

ROOSEVELT COUNCIL AND MARILYN COUNCIL, PLAINTIFFS,
v.
THE STATE OF NEW YORK AND SOCIAL SERVICE DEPARTMENT OF NEW YORK STATE, DEFENDANTS.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on November 14, 2008, by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 4).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Homer's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 4) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Plaintiffs' Complaint (Dkt. No. 1) is DISMISSED; and it is further ORDERED, that Plaintiffs' Motion for leave to proceed in forma pauperis (Dkt. No 2) is DENIED as moot; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20081215

© 1992-2008 VersusLaw Inc.



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