Casiano et al v. County of Nassau et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS - No objections to Magistrate Judge Lindsay's 12/22/2016 Report have been filed, and the deadline to object has expired. See 28 U.S.C. 636(b)(1) (requiring that objections be filed within fourteen (14) days of being served with a copy of the report and recommendation); Fed. R. Civ. P. 72(b)(2). Upon review, the Court is satisfied that the Report is not facially erroneous. Therefore, Magistrate Judge Lindsay's Report is adopted in its entirety, and the Armor Defendants' motion is denied. SO Ordered by Judge Sandra J. Feuerstein on 1/9/2017. (Tirado, Chelsea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CHRISTINE J. CASIANO, as Administrator of
the Estate of Raymond Casiano, Deceased, and
CHRISTINE J. CASIANO, individually,

FILED 
CLERK 

11:46 am, Jan 09, 2017

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

ORDER
16-cv-1194 (SJF)(ARL)

Plaintiff,
-againstCOUNTY OF NASSAU et al.,
Defendants.
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FEUERSTEIN, District Judge:
On August 24, 2016, Defendants Armor Correctional Health Services, Inc., Armor
Correctional Health Services of New York, Inc., Marylyn Martin-Naar, John P. May, Carl-Henri
Sanchez, Michael Parrinello, Biju Jose, Laura Hunt, Ahsan Habib, Michael Francis, 1 Dorothy
Mazyck, Andrea Janusz, Jelyn Williams, Denise Brady, Susan Jacob, Lisa Fitzgerald, and Shakim
Rivera (collectively, the “Armor Defendants”) filed a motion to dismiss the Complaint in this
action pursuant to Fed. R. Civ. P. 8(a) and 8(d), or, in the alternative, to strike certain portions of
the Complaint pursuant to Fed. R. Civ. P. 12(f). See Docket Entry (“DE”) [30]. Presently before
the Court is Magistrate Judge Arlene R. Lindsay’s December 22, 2016 Report and
Recommendation (the “Report”) recommending that the Armor Defendants’ motion be denied.
DE [52]. For the reasons set forth herein, the Court adopts Magistrate Judge Lindsay’s Report in
its entirety.
Pursuant to Fed. R. Civ. P. 72, a magistrate judge may conduct proceedings of dispositive
pretrial matters without the consent of the parties. Fed. R. Civ. P. 72(b). The district court may

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Defendant Michael Francis was sued as “John” Francis.

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accept, reject, or modify, in whole or in part, the findings and recommendations of the magistrate
judge. DeLuca v. Lord, 858 F. Supp. 1330, 1345 (S.D.N.Y. 1994); see also 28 U.S.C. § 636(b)(1);
Fed. R. Civ. P. 72(b). Where there are no specific written objections to a magistrate judge’s report
and recommendation, the district court may accept the findings contained therein as long as the
factual and legal bases supporting the findings are not clearly erroneous. Thomas v. Arn, 474 U.S.
140, 150, 106 S. Ct. 466, 472 (1985). Therefore, to accept the report and recommendation of a
magistrate judge on a dispositive matter to which no timely objection has been made, the district
court need only be satisfied that there is no clear error on the face of the record. See Fed. R. Civ.
P. 72(b); Johnson v. Goord, 487 F. Supp. 2d 377, 379 (S.D.N.Y. 2007); Baptichon v. Nevada State
Bank, 304 F. Supp. 2d 451, 453 (E.D.N.Y. 2004).
No objections to Magistrate Judge Lindsay’s December 22, 2016 Report have been filed,
and the deadline to object has expired. See 28 U.S.C. § 636(b)(1) (requiring that objections be
filed within fourteen (14) days of being served with a copy of the report and recommendation);
Fed. R. Civ. P. 72(b)(2). Upon review, the Court is satisfied that the Report is not facially
erroneous. Therefore, Magistrate Judge Lindsay’s Report is adopted in its entirety, and the Armor
Defendants’ motion is denied.

Dated: Central Islip, New York
January 9, 2017

SO ORDERED.
s/ Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge

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