Newman v. Annucci et al

Filing 11

ORDER adopting Report and Recommendations re 8 Report and Recommendation: It is hereby ORDERED, that the Report-Recommendation (Dkt. No. 8) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs motion for leave to pro ceed in forma pauperis (Dkt. No. 2) is GRANTED; and it is further ORDERED, that the Clerk provide the Superintendent of Elmira Correctional Facility, designated by Plaintiff as his current location, with a copy of Plaintiffs authorization form (Dk t. No. 3), and notify the official that this action has been filed and that Plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. § 1915; and it is further ORDERED, that the Clerk provide a copy o f Plaintiffs authorization form (Dkt. No. 3) to the Financial Deputy of the Clerks Office; and it is further ORDERED, that Plaintiffs claims for money damages against Defendants in their official capacities are DISMISSED with prejudice, and all o ther claims survive the Courts sua sponte review and require a response; and it is further ORDERED, that upon receipt from Plaintiff of the documents required for service of process, the Clerk shall issue a summonses and forward them, along with co pies of the Complaint, to the United States Marshal for service upon Defendants. The Clerk shall forward a copy of the summonses and Complaint to the Office of the Attorney General, together with acopy of this Order and packets containing General Ord er 25, which sets forth this Districts Civil Case Management Plan and the scheduling of a Rule 16 Conference that will be conducted by telephone before Magistrate Judge David E. Peebles. Defendants counsel, once he or she formally appears in the acti on, is directed to initiate the call to Chambers; and it is furtherORDERED, that the Clerk of the Court serve a copy of this Order on Plaintiff inaccordance with the Local Rules.Signed by Senior Judge Lawrence E. Kahn on 11/21/2017. (Copy served via regular mail)(ban)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JOHN H. NEWMAN,
Plaintiff,
-against-

3:17-CV-918 (LEK/DEP)

ANTHONY ANNUCCI, et al.,
Defendants.

ORDER
This matter comes before the Court following a report-recommendation filed on
October 18, 2017, by the Honorable David E. Peebles, U.S. Magistrate Judge, pursuant to 28
U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 8 (“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); 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.” § 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. 8) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that Plaintiff’s motion for leave to proceed in forma pauperis (Dkt. No. 2) is
GRANTED; and it is further
ORDERED, that the Clerk provide the Superintendent of Elmira Correctional Facility,
designated by Plaintiff as his current location, with a copy of Plaintiff’s authorization form (Dkt.
No. 3), and notify the official that this action has been filed and that Plaintiff is required to pay
the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. § 1915; and it is further
ORDERED, that the Clerk provide a copy of Plaintiff’s authorization form (Dkt. No. 3)
to the Financial Deputy of the Clerk’s Office; and it is further
ORDERED, that Plaintiff’s claims for money damages against Defendants in their
official capacities are DISMISSED with prejudice, and all other claims survive the Court’s sua
sponte review and require a response; and it is further
ORDERED, that upon receipt from Plaintiff of the documents required for service of
process, the Clerk shall issue a summonses and forward them, along with copies of the
Complaint, to the United States Marshal for service upon Defendants. The Clerk shall forward a
copy of the summonses and Complaint to the Office of the Attorney General, together with a
copy of this Order and packets containing General Order 25, which sets forth this District’s Civil
Case Management Plan and the scheduling of a Rule 16 Conference that will be conducted by

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telephone before Magistrate Judge David E. Peebles. Defendants’ counsel, once he or she
formally appears in the action, is directed to initiate the call to Chambers; 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:

November 21, 2017
Albany, New York

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