Gonzalez v. John Doe et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATION: The Court hereby denies Gonzalez's motion to amend as futile. The Clerk of Court is respectfully directed to send a copy of this Order to Gonzalez. Ordered by Judge Roslynn R. Mauskopf on 9/23/2016. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOEL GONZALEZ,
Plaintiff,

- against -

ORDER ADOPTING
REPORT AND RECOMMENDATION
14-CV-6749 (RRM) (LB)

RIKERS ISLAND WARDEN,
CAPTAIN DESMOND BLAKE, No. 1604,
C.O. ANTHONY SPIOTTA, No. 17495,
C.O. DAMIEN CHEATAM, No. 18123,
CAPTAIN NORMAN WILLIAMS, No. 127,
C.O. MYRA WILLIAMS, No. 9476,
C.O. ELIAS AMANATEDES, No. 14894,
C.O. RUPERT FULLERTON, No. 4277,
MEDICAL STAFF,
Defendants.
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ROSLYNN R. MAUSKOPF, United States District Judge.
By Motion filed January 4, 2016, Joel Gonzalez moved to file a third amended complaint.
(Mot. for Leave to File Third Am. Compl. (Doc. No. 41).) On August 24, 2016, the Honorable
Magistrate Judge Lois Bloom issued a Report and Recommendation (the “R&R”) recommending
that Gonzalez’s motion to amend be denied as futile. (R&R (Doc. No. 52).) Judge Bloom
reminded the parties that, pursuant to Federal Rule of Civil Procedure (“Rule”) 72(b), any objection
to the R&R must be filed by September 12, 2016. Gonzalez requested an extension to file a
response and objection to the R&R that was received by the Court on September 7, 2016. (Letter
Request (Doc. No. 53).) The Court granted the request in part and informed Gonzalez that any
response or objection to the R&R must be received by the Court by September 20, 2016. (9/8/16
Order.) This Order was sent to Gonzalez by overnight mail. (Id.) No party has filed any objection.

Pursuant to 28 U.S.C. § 636(b) and Rule 72, the Court has reviewed the R&R for clear error
and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d
224, 226 (E.D.N.Y. 2007).
Accordingly, it is hereby ORDERED that Gonzalez’s motion to amend his complaint is
denied as futile.
The Clerk of Court is respectfully directed to send a copy of this Order to Gonzalez.

SO ORDERED.
Roslynn R. Mauskopf
Dated: Brooklyn, New York
September 23, 2016

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ROSLYNN R. MAUSKOPF
United States District Judge

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