Sherman v. County of Delaware et al

Filing 19

ORDER adopting 14 Report and Recommendations. Plaintiff's claims against defendant County of Delaware are DISMISSED, with leave to replead within thirty (30) days from the date of this Order. The Complaint is otherwise accepted for filing as against defendants Matthew R. Holecek and John Cornell. Signed by Judge Brenda K. Sannes on 7/11/17. (Copy served on plaintiff via regular mail)(rjb, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________________
EDWARD C. SHERMAN,
Plaintiff,
v.

3:16-CV-1342 (BKS/DEP)

COUNTY OF DELAWARE, et al.,
Defendants.
________________________________________________
Appearances:
Edward C. Sherman
13-B-3651
Sing Sing Correctional Facility
354 Hunter Street
Ossining, NY 10562
Plaintiff, pro se
Hon. Brenda K. Sannes, United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Edward C. Sherman, a New York State inmate, commenced this civil rights
action asserting claims under 42 U.S.C. § 1983 against the County of Delaware and two New
York State Troopers. Dkt. No. 1. Plaintiff’s Complaint is before the Court for review. On June
5, 2017, Magistrate Judge David E. Peebles issued a Report, Recommendation and Order.
Magistrate Judge Peebles recommended that plaintiff’s claims against the County of Delaware be
dismissed with leave to replead. Dkt. No. 14.
Magistrate Judge Peebles advised Plaintiff that under 28 U.S.C. § 636(b)(1), he had
fourteen days within which to file written objections to the report, and that the failure to object to
the report within fourteen days would preclude appellate review. Dkt. No. 14, pp. 14-15.

No objections to the Report-Recommendation have been filed.
As no objections to the Report-Recommendation have been filed, and the time for filing
objections has expired, the Court reviews the Report-Recommendation for clear error. See
Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory
committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear
error and found none, the Report-Recommendation is adopted in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 14) is ADOPTED in its
entirety; and it is further
ORDERED that Plaintiff’s claims against defendant County of Delaware are
DISMISSED, with leave to replead within thirty (30) days from the date of this Order; and it is
further
ORDERED that the Complaint is otherwise accepted for filing as against defendants
Matthew R. Holecek and John Cornell; and it is further
ORDERED that the Clerk serve a copy of this Order upon the Plaintiff in accordance
with the Local Rules.
IT IS SO ORDERED.
Dated: July 11, 2017

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