Newman v. Hoyt et al

Filing 16

DECISION AND ORDER adopting 13 Report and Recommendation. The Pltf's damage claims against the Defts in their official capacities are hereby dismissed with prejudice. The Clerk of Court is hereby directed to consolidate this action with Newman v. Hoyt, No. 17-cv-808 (N.D.N.Y., filed 7/21/17) and Defts Roblyer and Hoyt shall answer or otherwise respond to the claims remaining in this action by 5/9/18. Signed by Senior Judge Thomas J. McAvoy on 4/18/18. (Copy served via regular mail)(sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

JOHN H. NEWMAN,
Plaintiff,
v.

3:17-cv-1123
(TJM/DEP)

RICK HOYT and ANTHONY ROBLYER,
Defendants.

Thomas J. McAvoy, SR. U.S.D.J.

DECISION and ORDER
The Court referred this action alleging that Defendants violated Plaintiff’s rights
when they searched him and subjected him to court proceedings in connection with an
alleged probation violation, brought pursuant to 42 U.S.C. § 1983, to the Hon. Dav id E.
Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to
28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New
York. The Report-Recommendation recommends that the Court dismiss Plaintiff’s claims
against the Defendants in their official capacities with prejudice and consolidate the case
with another pending before this Court.
Plaintiff did not file objections to the Report-Recommendation and the time for filing
such objections has passed. After examining the record, this Court has determined that
the Report-Recommendation is not subject to attack for plain error or manifest injustice
and the Court will accept and adopt the Report-Recommendation.
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It is therefore hereby ORDERED that the Report-Recommendation of Magistrate
Judge Peebles, dkt. # 13, is hereby Adopted. The Plaintiff’s damage claims against the
Defendants in their official capacities are hereby DISMISSED WITH PREJUDICE. The
Clerk of Court is hereby directed to consolidate this action with Newman v. Hoyt, No. 17cv-0808 (N.D.N.Y., filed July 21, 2017) and Defendants Roblyer and Hoyt shall answer or
otherwise respond to the claims remaining in this action within twenty-one days of the date
of this Order.

IT IS SO ORDERED.
Dated:April 18, 2018

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