Hamlett v. John Doe et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record, and finding no clear error, hereby adopts Magistrate Judge Go's R&R as the opinion of the Court. Accordingly, defendant Widtzler's motion to transfer venue is denied. Ordered by Chief Judge Carol Bagley Amon on 3/28/2013. c/m to pro se plaintiff (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

------------------------------------------------------------------X

JOHN HAMLETT,

Plaintiff,

NOT FOR PUBLICATION
MEMORANDUM & ORDER
11-CV -031 O~~i..~J:)MDG)

-againstCORRECTION CAPTAIN JEAN WIDTZLER and
CORRECTION OFFICER FRANK GAETA,
Defendants.

--------------------------------------------------------------------x
AMON, Chief United States District Judge.

IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N. Y.

* MAR 29 2013 *

BROOKLYN OFFICE

On June 13, 2011, John Hamlett, appearing prose, filed this action pursuant to 42 U.S.C.
§ 1983, asserting claims of excessive force against defendants for injuries allegedly inflicted at
Rikers Island Correctional Facility ("Rikers") on July 9, 2008. In a separate action filed in the
United States District Court for the Southern District of New York on June 6, 2011, Hamlett
asserted claims for injuries allegedly inflicted by other corrections officers at Rikers on July 13,
2008.

Defendant Widtzler moves to transfer venue to the Southern District of New York

pursuant to 28 U.S.C. § 1404(a) in an attempt to consolidate the two actions. Before the Court is
Magistrate Judge Marilyn Go's Report and Recommendation issued March 8, 2013 ("R&R")
recommending that the Court deny defendant's motion.
No party has objected to the R&R, and the time for doing so has passed. When deciding
whether to adopt a R&R, a district 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)(l)(C). To
accept those portions of the R&R to which no timely objection has been made, "a district court
need only satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am.
Globex Fund, L.P, 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal quotation marks and

1

r

citation omitted). The Court has reviewed the record and, finding no clear error, hereby adopts
Magistrate Judge Go's R&R as the opinion of the Court. Accordingly, defendant Widtzler's
motion to transfer venue is denied.
SO ORDERED.

Dated: Brooklyn, New York
March .;t~ 2013

s/Carol Bagley Amon
/

--~~-:0-carol Bagle A o

Chief Unite Sta

2

T- ----

District Judge