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William F. Glacken v. the Incorporated Village of Freeport; andrew Hardwick

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 15, 2012

WILLIAM F. GLACKEN, PLAINTIFF,
v.
THE INCORPORATED VILLAGE OF FREEPORT; ANDREW HARDWICK, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE INCORPORATED VILLAGE OF FREEPORT AND INDIVIDUALLY; THE BOARD OF TRUSTEES FOR THE INCORPORATED VILLAGE OF FREEPORT; HOWARD COLTON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS VILLAGE ATTORNEY FOR THE INCORPORATED VILLAGE OF FREEPORT; DENNIS WARREN, INDIVIDUALLY; JOHN DOE #1; JOHN DOE #2; JOHN DOE #3; JANE DOE #1; AND JANE DOE #2, DEFENDANTS.

The opinion of the court was delivered by: Hurley, District Judge:

ORDER

Before the Court is the Report and Recommendation ("Report") of Magistrate Judge A. Kathleen Tomlinson, which recommends that the defendant "The Board of Trustees for the Incorporated Village of Freeport" be dismissed as it is not a suable entity. (See Report, generally, docket no. 91.) Defendant was served with a copy of the Report (see docket no. 92), and more than fourteen days have elapsed since such service without objections from either party.

Upon 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)(C). Where no objections thereto are filed, the Court may adopt the report "if there is no clear error on the face of the record." W. v. New York, No. 08-CV-6916 (KMK)(GAY), 2012 U.S. Dist. LEXIS 25712 Finding no clear error, and largely for the reasons stated in the Report, the Court adopts Judge Tomlinson's recommendation that the defendant Board of Trustees for the Incorporated Village of Freeport should be dismissed from this action. The Clerk of Court is directed to reflect the termination of this defendant on the docket sheet.

SO ORDERED.

Denis R. Hurley Unites States District Judge

20120315

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