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, )

Download PDF
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. 2 November 9, 2017 Albany, New York 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?