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McKelvey v. Fischer

United States District Court, Second Circuit

July 10, 2013

ARNOLD McKELVEY, Plaintiff,
v.
BRIAN FISCHER, Commissioner; and MR. BARBINI, Hearing Officer, Defendants.

ORDER

LAWRENCE E. KAHN, District Judge.

This matter comes before the Court following a Report-Recommendation filed on June 12, 2013, by the Honorable Therèse Wiley Dancks, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Northern District of New York Local Rule 72.3(d). Dkt. No. 29 ("Report-Recommendation").

Within fourteen days after a party has been served with a copy of a magistrate judge's reportrecommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations." FED. R. CIV. P. 72(b); L.R. 72.1(c). "If no objections are filed... reviewing courts should review a report and recommendation for clear error." Edwards v. Fischer , 414 F.Supp.2d 342, 346-47 (S.D.N.Y. 2006); see also 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).

No objections to the Report-Recommendation were filed in the allotted time period. See generally Dkt. After a thorough review of the Report-Recommendation and the record, the Court has determined that the Report-Recommendation is not clearly erroneous or manifestly unjust.

Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 27) is APPROVED and ADOPTED in its entirety; and it is further

ORDERED, that Defendants' Motion (Dkt. No. 24) for summary judgment is GRANTED, and it is further

ORDERED, that Plaintiff's Amended Complaint (Dkt. No. 13) is DISMISSED; and it is further

ORDERED, that the Clerk of the Court provide Plaintiff with copies of all unpublished decisions cited in the Report-Recommendation (Dkt. No. 27); and it is further

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

IT IS SO ORDERED.


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