Rotondo v. The State of New York

Filing 8

ORDER - That the Order, Report, and Recommendation (Dkt. No. 5) is ADOPTED in its entirety. That Rotondo's complaint (Dkt. No. 1) is DISMISSED without leave to amend. That Rotondo's letter motion seeking to expedite review of this matter (Dkt. No. 4) is DENIED as moot. Signed by Senior Judge Gary L. Sharpe on 11/9/2017. (Copy served via regular and certified mail)(jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
MICHAEL JOSEPH
ROTONDO,
Plaintiff,

5:17-cv-1065
(GLS/DEP)

v.
THE STATE OF NEW YORK,
Defendant.
________________________________
APPEARANCES:
OF COUNSEL:
FOR PLAINTIFF:
Michael Joseph Rotondo
Pro Se
408 Weatheridge Dr.
Camillus, NY 13031
Gary L. Sharpe
Senior District Judge

ORDER
The above-captioned matter comes to this court following an Order,
Report, and Recommendation (R&R) by Magistrate Judge David E.
Peebles, duly filed on October 31, 2017. (Dkt. No. 5.) Following fourteen
days from the service thereof, the Clerk has sent the file, including any and
all objections filed by the parties herein.

Plaintiff pro se Michael Joseph Rotondo has filed a document labeled
“Objections to the Report-Recommendation,” which consists of a single
sentence wherein he summarily “respectfully reasserts the merit of his
allegations.” (Dkt. No. 6.) Because Rotondo’s objections are general and
conclusory, the court will review the R&R for clear error only. See Almonte
v. N.Y.S. Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at *5-*6
(N.D.N.Y. Jan. 18, 2006). After careful consideration, the court finds no
clear error and adopts the R&R in its entirety.
Accordingly, it is hereby
ORDERED that the Order, Report, and Recommendation (Dkt. No. 5)
is ADOPTED in its entirety; and it is further
ORDERED that Rotondo’s complaint (Dkt. No. 1) is DISMISSED
without leave to amend; and it is further
ORDERED that Rotonodo’s letter motion seeking to expedite review
of this matter (Dkt. No. 4) is DENIED as moot; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties
in accordance with the Local Rules.
IT IS SO ORDERED.

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November 9, 2017
Albany, New York

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