Watts-Wilson v. The County of Suffolk et al

Filing 19

ORDER - Since the report was entered upon the parties' consent and is not plainly erroneous the Report is accepted in its entirety. Accordingly, defendants' motion to dismiss plaintiff's claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted; plaintiff's federal claims against defendants are dismissed in their entirety with prejudice; and plaintiff's state law claims are dismissed in their enitrety without prejudice. The Clerk of the Court shall enter judgment in favor of defendants and in accordance herewith and close this case. SO Ordered by Judge Sandra J. Feuerstein on 8/16/2017. (Tirado, Chelsea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
TAVIA A. WATTS-WILSON,
Plaintiff,

FILED 
CLERK 

4:17 pm, Aug 16, 2017

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

ORDER
16-CV-4625 (SJF)(GRB)

-againstCOUNTY OF SUFFOLK, et al.,
Defendants.
-------------------------------------------------------------X
FEUERSTEIN, District Judge:

Pending before the Court is the electronic Report and Recommendation of the Honorable
Gary R. Brown, United States Magistrate Judge, dated July 18, 2017 (“the Report”),
recommending, on consent of the parties during a hearing before him that same date, inter alia,
that defendants’ motion to dismiss plaintiff’s claims against them pursuant to Rule 12(b)(6) of
the Federal Rules of Civil Procedure be granted; plaintiff’s federal claims be dismissed in their
entirety with prejudice; and plaintiff’s state law claims be dismissed in their entirety without
prejudice. A copy of the Report was served upon counsel for all parties via ECF on July 18,
2017, but no party has filed any objections to the Report, nor sought an extension of time to do
so. For the reasons stated herein, Magistrate Judge Brown’s Report is accepted in its entirety.

I.

DISCUSSION
Any party may serve and file written objections to a report and recommendation of a

magistrate judge on a dispositive matter within fourteen (14) days after being served with a copy
thereof. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). Any portion of such a report and
recommendation to which a timely objection has been made is reviewed de novo. 28 U.S.C. §
636(b)(1); Fed. R. Civ. P. 72(b)(3). The court, however, is not required to review the factual
1

findings or legal conclusions of the magistrate judge as to which no proper objections are
interposed. See Thomas v. Arn, 474 U.S. 140, 150, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985).
Since the Report was entered upon the parties’ consent and is not plainly erroneous, see
generally Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir.
2000), the Report is accepted in its entirety. Accordingly, defendants’ motion to dismiss
plaintiff’s claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
is granted; plaintiff’s federal claims against defendants are dismissed in their entirety with
prejudice; and plaintiff’s state law claims are dismissed in their entirety without prejudice. The
Clerk of the Court shall enter judgment in favor of defendants in accordance herewith and close
this case.
SO ORDERED.
/s/
SANDRA J. FEUERSTEIN
United States District Judge
Dated: August 16, 2017
Central Islip, New York

2