-LB Fleming v. City of New York et al
Filing 186
REPORT AND RECOMMENDATION: Defendants move for summary judgment pursuant to Fed R. Civ. P. 56. The Honorable Nicholas G. Garaufis referred defendants' motion to me for a Report and Recommendation in accordance with 28 U.S.C. § 626(b). Accor dingly, defendants' 161 motion for summary judgment should be granted and plaintiff's 2 complaint should be dismissed. It is further recommended that for the purpose of an appeal in forma pauperis, the Court should certify pursua nt to 28 U.S.C. § 1915(a)(3) that any appeal from a judgment entered herein would not be taken in good faith. The parties shall have 10 days from service of this Report to file written objections. SO ORDERED. (Ordered by Magistrate Judge Lois Bloom, on 9/11/2009) C/mailed. (Objections to R&R due by 9/28/2009) (Latka-Mucha, Wieslawa)
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