Hutchinson v. City of New York et al

Filing 92

ORDER ADOPTING REPORT AND RECOMMENDATION: On 2/8/10, Magistrate Judge Pollak filed a Report and Recommendation in accordance with 28 U.S.C. § 636(b), recommending that plaintiff's motion to amend the complaint for a second time to add claim s against Officers Carmello and Breston be denied as time-barred. No objections have been filed. The Court has reviewed the matter, and adopts the Report and Recommendation in its entirety and without qualification. Plaintiff knew the identity of the officers he seeks to add as evidenced by their inclusion in paragraph 97 of the original and first amended complaint. Thus, the requirement set forth in Rule 15(c)(1)(C)(ii) of the FRCP for relation back to the original pleading is not satisfied, and the amended complaint is time-barred. Ordered by Chief Judge Raymond J. Dearie on 4/7/2010. (Chee, Alvin)