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Miller v. Carney

United States District Court, N.D. New York

September 18, 2014

PATRICK MILLER, Plaintiff,
v.
EDWARD CARNEY, et al., Defendants.

ORDER

LAWRENCE E. KAHN, District Judge.

This matter comes before the Court following a Report-Recommendation filed on August 7, 2014, by the Honorable Randolph F. Treece, U.S. Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and Local Rule 72.3. Dkt. No. 68 ("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).

Plaintiff filed a Letter Motion requesting appointment of counsel, but did not otherwise respond to the Report-Recommendation. Dkt. No. 71. 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. 68) is APPROVED and ADOPTED in its entirety; and it is further

ORDERED, that Defendants' Motion (Dkt. No. 43) for summary judgment is GRANTED; and it is further

ORDERED, that Plaintiff's Letter Motion (Dkt. No. 71) is DENIED; and it is further

ORDERED, that the Clerk of the Court enter judgment for Defendants and close this case; and it is further

ORDERED, that the Clerk of the Court 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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