Winfield v. DeRasso et al

Filing 262

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having conducted a review of the full record and the applicable law, and having reviewed the R&R for clear error, the Court adopts Judge Shields R&R in its entirety. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se plaintiff. SO Ordered by Judge Joan M. Azrack on 6/6/2018. (c/m to pro se) (Ortiz, Grisel)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOAQUIN R. WINFIELD,

FILED 
CLERK 

6/6/2018 11:39 am

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

Plaintiff,
-against-

ORDER
07-CV-04570 (JMA)(AYS)

ROBERT DeROSSO, Sgt. JOHN DOE, Sgt.
NICHOLAS DeSIMONE, WESLEY
BEDNOSKY, DENNIS HORL,
& SUFFOLK COUNTY,
Defendant.
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AZRACK, District Judge:

Before the Court is a May 14, 2018 Report and Recommendation (“R&R”) from Magistrate
Judge Shields recommending that defendants’ motion for summary judgment for failure to exhaust
be denied. Defendants have not objected to the R&R.
In reviewing a magistrate judge’s report and recommendation, the court must “make a de
novo determination of those portions of the report or . . . recommendations to which
objection[s][are] made.” 28 U.S.C. § 636(b)(1)(C); see also Brown v. Ebert, No. 05–CV–5579,
2006 WL 3851152, at *2 (S.D.N.Y. Dec. 29, 2006). The court “may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. §
636(b)(1)(C). Those portions of a report and recommendation to which there is no specific
reasoned objection are reviewed for clear error. See Pall Corp. v. Entegris, Inc., 249 F.R.D. 48,
51 (E.D.N.Y. 2008).
Having conducted a review of the full record and the applicable law, and having reviewed
the R&R for clear error, the Court adopts Judge Shield’s R&R in its entirety.

The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se
plaintiff.
SO ORDERED.
Dated: June 6, 2018
Central Islip, New York
/s/ JMA
JOAN M. AZRACK
UNITED STATES DISTRICT JUDGE