Serviss et al v. Margiotta, Esq. et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that the Court has reviewed the record and, finding no clear error, adopts the R & R as the opinion of the Court. The Court grants defendants' motion to dismiss. The Clerk of Court is directed to close this case. Ordered by Judge Joan M. Azrack on 6/12/2017. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOSEPH SERVISS, STATHIS COULOURIS,
M.G. THOMPSON, individually and on behalf of
all other persons similarly situated,

Plaintiffs,

For Online Publication Only

ORDER ADOPTING REPORT
AND RECOMMENDATION
15-CV-3411 (JMA)(ARL)

-againstPAUL J. MARGIOTTA, ESQ., Executive Director,
of the Suffolk County Traffic and Parking Violation
Agency; PAUL H. SENZER, ESQ., a Judicial
Hearing Officer at the Suffolk County Traffic and
Parking Violation Agency; JOHN DOE, ESQ., a
Judicial Hearing Officer at the Suffolk County
Traffic and Parking Violation Agency, and THE
COUNTY OF SUFFOLK,

FILED 
CLERK 

6/12/2017 10:23 am

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

Defendants.
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AZRACK, United States District Judge:
Plaintiffs Joseph Serviss, Stathis Coulouris, M.G. Thompson brought this putative class
action for civil rights violations under 42 U.S.C. § 1983 against the defendants named above.
Defendants have moved to dismiss plaintiffs’ amended complaint pursuant to Federal Rule of Civil
Procedure 12(b)(6). The Court referred the motion to dismiss to the Honorable Arlene R. Lindsay,
United States Magistrate Judge, for a report and recommendation. In a Report and
Recommendation dated May 25, 2017 (“the R&R”), Magistrate Judge Lindsay recommended that
the motion to dismiss be granted.
No party has objected to the R & R, and the time for doing so has passed. When deciding
whether to adopt a report and recommendation, 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)(1). “To accept the report and recommendation of a magistrate, to which no timely objection
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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 citation omitted). The Court has reviewed the record and, finding no clear
error, adopts the R & R as the opinion of the Court. The Court grants defendants’ motion to
dismiss. The Clerk of Court is directed to close this case.
SO ORDERED.
Date: June 12, 2017
Central Islip, New York
_____/s/ (JMA)___________
Joan M. Azrack
United States District Judge

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