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Nadine Townsend v. the Roman Catholic Diocese of Albany County; Catholic Charities

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


May 23, 2011

NADINE TOWNSEND, PLAINTIFF,
v.
THE ROMAN CATHOLIC DIOCESE OF ALBANY COUNTY; CATHOLIC CHARITIES, INC.; ST. PETER'S HOSPITAL; AND HOMELESS AND TRAVELERS AID SOCIETY, DEFENDANTS.

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

MEMORANDUM-DECISION AND ORDER

Nadine Townsend brings this action under 42 U.S.C. § 1983 alleging violations of her constitutional rights. (See Compl., Dkt. No. 1.) In an Order issued November 17, 2010, Magistrate Judge David R. Homer found that Townsend's complaint failed to comply with the pleading requirements of Federal Rules of Civil Procedure 8 and 10, and accordingly directed Townsend to file an amended complaint. (See Dkt. No. 3.) On February 3, 2011, based on Townsend's failure to file an amended complaint, Judge Homer filed a Report-Recommendation and Order (R&R) recommending dismissal of the action.*fn1 (See Dkt. No. 6.) On February 24, 2011, the court granted Townsend's request for an extension to file objections. (See Dkt. Nos. 8, 9.) On March 1, 2011, the court notified Townsend a second time that her request for an extension had been granted. (See Dkt. No. 11.) Townsend has since failed to file any objections. For the reasons that follow, the R&R is adopted and Townsend's complaint is dismissed.

Before entering final judgment, this court routinely reviews all report and recommendation orders in cases it has referred to a magistrate judge. If a party has objected to specific elements of the magistrate judge's findings and recommendations, this court reviews those findings and recommendations de novo. See Almonte v. N.Y. State Div. of Parole,No. 04-cv-484, 2006 WL 149049, at *6-7 (N.D.N.Y. Jan. 18, 2006). In those cases where no party has filed an objection, or only a vague or general objection has been filed, this court reviews the findings and recommendations of a magistrate judge for clear error. See id.

In light of Townsend's failure to file objections to Judge Homer's R&R, the court has reviewed the R&R, and the Order upon which it is premised, for clear error. Upon review for clear error, the court finds none and adopts Judge Homer's recommendations.

WHEREFORE, for the foregoing reasons, it is hereby

ORDERED that Magistrate Judge Homer's Report-Recommendation and Order (Dkt. No. 6) is ADOPTED and Townsend's complaint is DISMISSED; and it is further

ORDERED that the Clerk close this case and provide copies of this Memorandum-Decision and Order to the parties by regular and certified mail.

IT IS SO ORDERED.


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