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George White v. L. Sears

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 12, 2011

GEORGE WHITE, PLAINTIFF,
v.
L. SEARS, DOCTOR CHOLOM, DOCTOR ALI, AND NURSE MONTROY, DEFENDANTS.

The opinion of the court was delivered by: Mae A. D'Agostino, U.S. District Judge:

ORDER

On June 21, 2010, plaintiff pro se filed the present action, alleging that he was denied adequate medical care in deliberate indifference to his serious medical needs in violation of his Eighth Amendment rights. See Dkt. No. 1. In a Report-Recommendation-Order dated June 20, 2011, Magistrate Judge Lowe recommended that the Court grant defendants' motions to dismiss and that the Court allow plaintiff to file an amended complaint within thirty (30) days of this Court's order adopting his recommendations. See Dkt. No. 22. Plaintiff failed to object to Magistrate Judge Lowe's Report-Recommendation-Order.

When a party files specific objections to a magistrate judge's report-recommendation, 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." 28 U.S.C. § 636(b)(1). When a party fails to make specific objections, however, the court reviews the magistrate judge's report for clear error. See Farid v. Bouey, 554 F. Supp. 2d 301, 307 (N.D.N.Y. 2008); see also Gamble v. Barnhart, No. 02CV1126, 2004 WL 2725126, *1 (S.D.N.Y. Nov. 29, 2004) (citations omitted). After the appropriate review, "the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1).

Having reviewed Magistrate Judge Lowe's June 20, 2011 Report-Recommendation-Order and the applicable law, the Court concludes that Magistrate Judge Lowe correctly determined that plaintiff's complaint fails to state claim.

Accordingly, the Court hereby

ORDERS that Magistrate Judge Lowe's June 20, 2011 Report-Recommendation-Order is ADOPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that defendants' motions to dismiss the complaint (Dkt. Nos. 16, 20) are GRANTED; and the Court further

ORDERS that plaintiff may file an amended complaint within THIRTY (30) DAYS of the date of this Order; and the Court further

ORDERS that, if plaintiff fails to file an amended complaint within THIRTY (30) DAYS of the date of this Order, the Clerk of the Court shall enter judgment dismissing this action without further order of this Court; and the Court further

ORDERS that the Clerk of the Court shall serve a copy of this Order on all parties in compliance with the Local Rules.

IT IS SO ORDERED.

20110712

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