Miranda v. Doe et al

Filing 38

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's R & R, in its entirety, as the opinion of the Court.Accordingly, the Clerk of Court is directed to close this case. So Ordered by Judge Joan M. Azrack on 8/16/2017. (c/m to pro se) (Ortiz, Grisel)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------------X JUAN MIRANDA, For Online Publication Only ORDER 15–CV–955 (JMA) (AYS) Plaintiff, v. MICHAEL PARRINELO and JEAN GAFA, Defendants. -------------------------------------------------------------------X FILED  CLERK    8/16/2017 4:10 pm   U.S. DISTRICT COURT  EASTERN DISTRICT OF NEW YORK  LONG ISLAND OFFICE  AZRACK, United States District Judge: Before the Court is a Report and Recommendation (“R & R”) from Magistrate Judge Anne Y. Shields recommending that defendants’ motion to dismiss be granted in its entirety with prejudice, and that plaintiff be denied leave to file an amended complaint. In reviewing a magistrate judge’s report and recommendation, a 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); 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). 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). The R & R was issued on July 26, 2017. None of the parties have objected to the R & R, and the time for filing objections has passed. 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’s R & R, in its entirety, as the opinion of the Court. Accordingly, the Clerk of Court is directed to close this case. 1 SO ORDERED. Dated: August 16, 2017 Central Islip, New York /s/ JMA JOAN M. AZRACK UNITED STATES DISTRICT JUDGE 2

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