Storey v. SUNY Potsdam et al

Filing 14

ORDERED, that the Report-Recommendation (Dkt. No. 12) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Storeys Amended Complaint (Dkt. No. 10) is DISMISSED in its entirety without leave to amend pursuant to 28 U.S.C. § 19 15(e)(2)(B)(ii) for failure to state a claim; and it is furtherORDERED, that Storeys Freedom of Information Law and negligence claims are DISMISSED without prejudice to Storeys bringing these claims in the appropriate New York state court. Signed by Senior Judge Lawrence E. Kahn on March 08, 2017. (Copy served via regular and certified mail)(sas)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JORDAN I. STOREY, Plaintiff, -against- 7:16-CV-206 (LEK/ATB) WILLIAM MORRIS, et al., Defendants. ORDER This matter comes before the Court following a Report-Recommendation filed on February 1, 2017, by the Honorable Andrew T. Baxter, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 12 (“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); 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.” 28 U.S.C. § 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. 12) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Storey’s Amended Complaint (Dkt. No. 10) is DISMISSED in its entirety without leave to amend pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim; and it is further ORDERED, that Storey’s Freedom of Information Law and negligence claims are DISMISSED without prejudice to Storey’s bringing these claims in the appropriate New York state court; and it is further ORDERED, that the Clerk of the Court shall serve a copy of this Order on Storey in accordance with the Local Rules. IT IS SO ORDERED. DATED: March 08, 2017 Albany, New York 2

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?