Jennings v. Decker et al

Filing 15

ORDER approving and adopting #7 Report-Recommendations. Clerk shall substitute the City of Syracuse for deft Syracuse Police Department, and the Syracuse Police Department is dismissed from this case. Clerk shall substitute Sergeant Robert Ocker for the John Doe deft. Clerk shall issue summonses and forward them, along with copies of #1 Complaint, #7 R&R, and this Order to USM for service upon defts Jeremy Decker, Darren Ettinger, Robert Ocker, and the City of Syracuse. Clerk shall schedule a Rule 16 conference and issue a GO 25 to also be forwarded to USM for service. Signed by Lawrence E. Kahn on 6/6/17. (Copies served upon other agencies as directed and upon Pro Se Pltf)(sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
TONY JENNINGS,
Plaintiff,
-against-

5:17-CV-54 (LEK/DEP)

JEREMY DECKER, et al.,
Defendants.

ORDER
This matter comes before the Court following an Order and Report-Recommendation
filed on March 22, 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. 7 (“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), overruled on
other grounds by Widomski v. State Univ. of N.Y. (SUNY) at Orange, 748 F.3d 471 (2d Cir.
2014); 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.” (quoting Howell v.

Port Chester Police Station, No. 09-CV-1651, 2010 WL 930981, at *1 (S.D.N.Y. Mar. 15,
2010))). “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. The Court has therefore
reviewed the Report-Recommendation for clear error and has found none.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 7) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that the Clerk of the Court shall substitute the City of Syracuse for
defendant Syracuse Police Department, and the Syracuse Police Department is DISMISSED
from this case; and it is further
ORDERED, that the Clerk of the Court shall substitute Sergeant Robert Ocker for the
John Doe defendant in this case; and it is further
ORDERED, that the Clerk of the Court shall issue summonses and forward them, along
with copies of the Complaint (Dkt. No. 1), the Report-Recommendation (Dkt. No. 7), and this
Order to the United States Marshal for service upon defendants Jeremy Decker, Darren Ettinger,
Robert Ocker, and the City of Syracuse; and it is further
ORDERED, that a formal response to Jennings’s Complaint shall be filed by the
remaining defendants or defendants’ counsel as provided in the Federal Rules of Civil Procedure
subsequent to service of process on the remaining defendants; and it is further
ORDERED, that the Clerk schedule a Rule 16 conference and issue a packet containing
General Order 25, which sets forth the Civil Case Management Plan used by the Northern
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District of New York. The General Order 25 packet shall be forwarded to the United States
Marshal for service upon Defendants; and it is further
ORDERED, that the Clerk serve a copy of this Order on Jennings in accordance with the
Local Rules.
IT IS SO ORDERED.

DATED:

June 06, 2017
Albany, New York

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