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Lewis v. Stanton

United States District Court, N.D. New York

July 7, 2014

REUBEN LEWIS, Plaintiff,
v.
STANTON, Defendant.

ORDER

LAWRENCE E. KAHN, District Judge.

This matter comes before the Court following a Report-Recommendation filed on April 29, 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. 21 ("Report-Recommendation"). Judge Dancks recommends that Defendant's Partial Motion to dismiss for failure to state a claim be granted as to: (1) Plaintiff's claims against Defendant in his official capacity;[1] and (2) Plaintiff's state law claims against Defendant in his personal capacity. Report-Rec. at 9.

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).

Plaintiff responded to the Report-Recommendation, but did not raise any objections. See Dkt. No. 22. Accordingly, the Court has reviewed the Report-Recommendation for clear error. Having found none, the Report-Recommendation is approved and adopted in its entirety.

Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 21) is APPROVED and ADOPTED in its entirety; and it is further

ORDERED, that Defendant's Partial Motion (Dkt. No. 13) to dismiss is GRANTED; and it is further

ORDERED, that Plaintiff's (i) federal and state law claims against Defendant in his official capacity, [2] and (ii) state law claims against Defendant in his personal capacity are DISMISSED without leave to amend; and it is further

ORDERED, that Defendant must respond to Plaintiff's 42 U.S.C. § 1983 claim against him in his personal capacity in accordance with the Federal Rules of Civil Procedure; and it is further

ORDERED, that the Clerk serve a copy of this Order upon the parties to this action in accordance with the Local Rules.

IT IS SO ORDERED.


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