Johnson v. Fischer et al

Filing 5

ORDERED, that the Report-Recommendation (Dkt. No. 3) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that, if Plaintiff wishes to pursue this action, she must file an amended complaint within thirty (30) days of the filing date of this order that remedies the deficiencies identified by the Report-Recommendation; and it is further ORDERED, that if Plaintiff fails to timely file an amended complaint as directed above, the Clerk of the Court shall, without further order of the C ourt, enter judgment indicating that the Complaint (Dkt. No. 1) is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief may be granted. Signed by Senior Judge Lawrence E. Kahn on December 20, 2013. (sas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
LETISE T. JOHNSON,
Plaintiff,
-against-

1:13-CV-0348 (LEK/RFT)

BRIAN FISCHER; et al.,
Defendants.
___________________________________
ORDER
This matter comes before the Court following a Report-Recommendation filed on April 9,
2013, by the Honorable Randolph F. Treece, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b)
and Local Rule 72.3. Dkt. No. 3 (“Report-Recommendation”).
Within fourteen days after a party has been served with a copy of a magistrate judge’s reportrecommendation, the party “may serve and file specific, written objections to the proposed findings
and recommendations.” FED. R. CIV. P. 72(b); L.R. 72.1(c). “If no objections are filed . . .
reviewing courts should review a report and recommendation for clear error.” Edwards v. Fischer,
414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006); see also Cephas v. Nash, 328 F.3d 98, 107 (2d Cir.
2003) (“As a rule, a party’s failure to object to any purported error or omission in a magistrate
judge’s report waives further judicial review of the point.”); Farid v. Bouey, 554 F. Supp. 2d 301,
306 (N.D.N.Y. 2008).
No objections to the Report-Recommendation were filed in the allotted time period. After a
thorough review of the Report-Recommendation and the record, the Court has determined that the
Report-Recommendation is not subject to attack for clear error or manifest injustice.
Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 3) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that, if Plaintiff wishes to pursue this action, she must file an amended
complaint within thirty (30) days of the filing date of this order that remedies the deficiencies
identified by the Report-Recommendation; and it is further
ORDERED, that if Plaintiff fails to timely file an amended complaint as directed above, the
Clerk of the Court shall, without further order of the Court, enter judgment indicating that the
Complaint (Dkt. No. 1) is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e) for failure
to state a claim upon which relief may be granted. In that event, the Clerk of the Court is directed to
close this case; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order upon the parties to this
action.
IT IS SO ORDERED.

DATED:

December 20, 2013
Albany, New York

2