Rodriguez v. Internal Revenue Service

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION: On 4/16/13, Magistrate Judge Pohorelsky recommended that defendant's motion for summary judgment be granted and that plaintiff's cross-motion for summary judgment be denied. Neither party filed objections. This Court adopts Magistrate Judge Pohorelsky's Report and Recommendation in full, for the reasons stated in his Recommendation. Forwarded for judgment. Ordered by Judge Raymond J. Dearie on 5/13/2013. (Chee, Alvin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOSE NUESI RODRIGUEZ,
ORDER
Plaintiff,
09 CV 5337 (RJD) (VVP)
- againstINTERNAL REVENUE SERVICE,
Defendant.
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DEARIE, District Judge
On September 24,2012, this Court adopted Magistrate Judge Pohorelsky's August 31,
2012 Report and Recommendation and ordered defendant to produce certain documents to the
Magistrate Judge for in camera review. Having completed this review, Magistrate Judge
Pohorelsky issued a second Report and Recommendation on April 16, 2013, finding that
defendant had properly withheld the documents, and recommending that defendant's motion for
summary judgment be granted and that plaintiff's cross-motion for summary judgment be
denied. Neither party filed objections.
This Court adopts Magistrate Judge Pohorelsky's Report and Recommendation in full,
for the reasons stated in his Recommendation.
SO ORDERED.
Dated: Brooklyn, New York
May ~2013

/s/ Judge Raymond J. Dearie
RA ~l')ib J ...DEARIE
Unite titteSDistrict Judge