LaPointe v. Ellis et al

Filing 18

ORDERED, that the Report-Recommendation (Dkt. No. 17) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs amended complaint (Dkt. No. 8) is DISMISSED with prejudice, except that Plaintiffs claims under the New York Hum an Rights Law, N.Y. Exec. L. § 290 et seq., against Ellis are dismissed without prejudice to Plaintiff bringing these claims in state court for non-monetary damages. Signed by Senior Judge Lawrence E. Kahn on August 31, 2017. (Copy served via regular and certified mail)(sas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ALBERT M. LAPOINTE, Plaintiff, -against- 1:16-CV-1441 (LEK/CFH) DAVID ELLIS, et al., Defendants. ORDER This matter comes before the Court following a report-recommendation filed on July 10, 2017, by the Honorable Christian F, Hummel, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 17 (“Report-Recommendation”). Within fourteen days after a party has been served with a copy of a magistrate judge’s report-recommendation, 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 made, or if an objection is general, conclusory, perfunctory, or a mere reiteration of an argument made to the magistrate judge, a district court need review that aspect of a report-recommendation only for clear error. Barnes v. Prack, No. 11-CV-857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18, 2013); Farid v. Bouey, 554 F. Supp. 2d 301, 306–07, 306 n.2 (N.D.N.Y. 2008); see also Machicote v. Ercole, No. 06-CV-13320, 2011 WL 3809920, at *2 (S.D.N.Y. Aug. 25, 2011) (“[E]ven a pro se party’s objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate’s proposal, such that no party be allowed a second bite at the apple by simply relitigating a prior argument.”). “A [district] judge . . . 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). No objections were filed in the allotted time period. Docket. Thus, the Court has reviewed the Report-Recommendation for clear error and has found none. Accordingly, it is hereby: ORDERED, that the Report-Recommendation (Dkt. No. 17) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiff’s amended complaint (Dkt. No. 8) is DISMISSED with prejudice, except that Plaintiff’s claims under the New York Human Rights Law, N.Y. Exec. L. § 290 et seq., against Ellis are dismissed without prejudice to Plaintiff bringing these claims in state court for non-monetary damages; and it is further ORDERED, that the Clerk of the Court serve a copy of this Order on Plaintiff in accordance with the Local Rules. IT IS SO ORDERED. DATED: August 31, 2017 Albany, New York 2

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