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Fisher v. Jenks

United States District Court, N.D. New York

February 20, 2014

JAMES R. FISHER, JR., Plaintiff,
v.
FAY JENKS; et al., Defendants.

ORDER

LAWRENCE E. KAHN, District Judge.

This matter comes before the Court following a Report-Recommendation filed on January 9, 2014, by the Honorable Therèse Wiley Dancks, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 17 ("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). "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. After a thorough review of the Report-Recommendation and the record, the Court has determined that the Report-Recommendation is not subject to attack for clear error or manifest injustice.

Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 17) is APPROVED and ADOPTED in its entirety; and it is further

ORDERED, that Defendants' Motion (Dkt. No. 12) to dismiss is GRANTED in part; and it is further

ORDERED, that Plaintiff's Eighth Amendment claim is DISMISSED with prejudice; and it is further

ORDERED, that Defendants respond to Plaintiff's Fourth Amendment excessive force claim in accordance with the Federal Rules of Civil Procedure and the Local Rules; 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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