Townsend v. The Roman Catholic Diocese of Albany County et al

Filing 12

MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Homer's #6 Report-Recommendation and Order is ADOPTED and Townsend's complaint is DISMISSED. Signed by Judge Gary L. Sharpe on 5/23/2011. (Attachments: #1 Report-Recommendation and Order of Judge Homer) (mgh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_______________________________________
NADINE TOWNSEND,
Plaintiff,

1:10-cv-1303
(GLS/DRH)

v.
THE ROMAN CATHOLIC DIOCESE OF
ALBANY COUNTY; CATHOLIC CHARITIES,
INC.; ST. PETER’S HOSPITAL; and
HOMELESS AND TRAVELERS AID SOCIETY,
Defendants.
_______________________________________
APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
Nadine Townsend
Pro Se
911 Central Avenue, # 329
Albany, NY 12206
FOR THE DEFENDANTS:
NO APPEARANCE
Gary L. Sharpe
District Court Judge

MEMORANDUM-DECISION AND ORDER
Nadine Townsend brings this action under 42 U.S.C. § 1983 alleging
violations of her constitutional rights. (See Compl., Dkt. No. 1.) In an

Order issued November 17, 2010, Magistrate Judge David R. Homer found
that Townsend’s complaint failed to comply with the pleading requirements
of Federal Rules of Civil Procedure 8 and 10, and accordingly directed
Townsend to file an amended complaint. (See Dkt. No. 3.) On February 3,
2011, based on Townsend’s failure to file an amended complaint, Judge
Homer filed a Report-Recommendation and Order (R&R) recommending
dismissal of the action.1 (See Dkt. No. 6.) On February 24, 2011, the court
granted Townsend’s request for an extension to file objections. (See Dkt.
Nos. 8, 9.) On March 1, 2011, the court notified Townsend a second time
that her request for an extension had been granted. (See Dkt. No. 11.)
Townsend has since failed to file any objections. For the reasons that
follow, the R&R is adopted and Townsend’s complaint is dismissed.
Before entering final judgment, this court routinely reviews all report
and recommendation orders in cases it has referred to a magistrate judge.
If a party has objected to specific elements of the magistrate judge’s
findings and recommendations, this court reviews those findings and
recommendations de novo. See Almonte v. N.Y. State Div. of Parole, No.
1

The Clerk is directed to append the November 17, 2010 Order and
the February 3, 2011 R&R to this decision, and familiarity therewith is
presumed.
2

04-cv-484, 2006 WL 149049, at *6-7 (N.D.N.Y. Jan. 18, 2006). In those
cases where no party has filed an objection, or only a vague or general
objection has been filed, this court reviews the findings and
recommendations of a magistrate judge for clear error. See id.
In light of Townsend’s failure to file objections to Judge Homer’s
R&R, the court has reviewed the R&R, and the Order upon which it is
premised, for clear error. Upon review for clear error, the court finds none
and adopts Judge Homer’s recommendations.
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that Magistrate Judge Homer’s Report-Recommendation
and Order (Dkt. No. 6) is ADOPTED and Townsend’s complaint is
DISMISSED; and it is further
ORDERED that the Clerk close this case and provide copies of this
Memorandum-Decision and Order to the parties by regular and certified
mail.
IT IS SO ORDERED.
May 23, 2011
Albany, New York

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