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Jerry Williamson v. Albany Medical Center

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 15, 2013

JERRY WILLIAMSON, PLAINTIFF,
v.
ALBANY MEDICAL CENTER, DEFENDANT.

ORDER

This pro se action under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., comes before the Court on a Report-Recommendation filed January 11, 2013, by the Honorable Randolph F. Treece, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(d). Dkt. No. 4 ("Report-Recommendation"). Judge Treece recommends granting Plaintiff Jerry Williamson's ("Plaintiff") Application to proceed in forma pauperis ("IFP Application") but denying Plaintiff's Motion for appointment of counsel and dismissing Plaintiff's Complaint. See Report-Rec. at 4; see also Dkt. Nos. 1 ("Complaint"), 2 ("Motion for appointment of counsel"), 3 ("IFP Application"). Neither Plaintiff nor Defendant filed objections to the Report-Recommendation within the fourteen-day objection period. See 28 U.S.C. § 636(b); FED. R. CIV. P. 72(b)(2). See generally Dkt. The Court therefore has reviewed the Report-Recommendation for clear error and found none. See Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003) ("As a rule, a party's failure to object to any purported error or omission in a magistrate judge's report waives further judicial review of the point."); Farid v. Bouey, 554 F. Supp. 2d 301, 306 (N.D.N.Y. 2008).

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 Plaintiff's IFP Application (Dkt. No. 3) is GRANTED; and it is further ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED; and it is further ORDERED, that Plaintiff's Motion (Dkt. No. 2) for appointment of counsel is DENIED; and it is further

ORDERED, that the Clerk of the Court serve a copy of this Order on all parties. IT IS SO ORDERED.

20130415

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