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Cole v. Kooi

United States District Court, Second Circuit

August 6, 2013

ANTONIO COLE, Plaintiff,
v.
PANG LAY KOOI, Doctor, Auburn Correctional Facility; et al., Defendants.

ORDER

LAWRENCE E. KAHN, District Judge.

This matter comes before the Court following a Report-Recommendation filed on July 19, 2013, by the Honorable Randolph F. Treece, 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. 71 ("Report-Recommendation").

Within fourteen days after a party has been served with a copy of a magistrate judge's report-recommendation, 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). A court is to "make 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). Where, however, an objecting "party makes only conclusory or general objections, or simply reiterates his original arguments, [a court] reviews [a report-recommendation] only for clear error." Farid v. Bouey , 554 F.Supp.2d 301, 306 (N.D.N.Y. 2008) (quoting McAllan v. Von Essen , 517 F.Supp.2d 672, 679 (S.D.N.Y. 2007)); see also Brown v. Peters, No. 95-CV-1641 , 1997 WL 599355, at *2-3 (N.D.N.Y. Sept. 22, 1997). "A [district] judge... 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).

Plaintiff filed Objections to the Report-Recommendation on July 31, 2013. Dkt. No. 69 ("Objections"). In his Objections, Plaintiff states only that he objects to the Report-Recommendation in its entirety. Id . Such a broad, generalized objection warrants clear-error, rather than de novo, review. See Farid, 554 F.Supp. at 306. After a thorough review of the Report-Recommendation and the record, the Court determines that the Report-Recommendation is not clearly erroneous.

Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 71) is APPROVED and ADOPTED in its entirety; and it is further

ORDERED, that Defendants' Motion (Dkt. No. 61) for summary judgment is GRANTED; and it is further

ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED; and it is further

ORDERED, that the Clerk of the Court serve a copy of this Order upon the parties to this action.

IT IS SO ORDERED.


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