Broschart v. O'Connor-Ryerson

Filing 15

ORDER: ORDERED that 13 Report and Recommendation is APPROVED and ADOPTED in its entirety. ORDERED that 9 Motion to Dismiss for Failure to State a Claim is granted with leave to amend. Signed by Senior Judge Lawrence E. Kahn on 2/21/12. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
CHRISTOPHER BROSCHART,
Plaintiff,
-against-

9:11-cv-00405 (LEK/TWD)

NANCY O’CONNOR-RYERSON,
Defendant.

ORDER
This matter comes before the Court following a Report-Recommendation filed on January
17, 2012, by the Honorable George H. Lowe, United States Magistrate Judge, pursuant to 28 U.S.C.
§ 636(b) and L.R. 72.3(c) of the Northern District of New York.1 Report-Rec. (Dkt. No. 13).
Within fourteen days after a party has been served with a copy of a magistrate judge’s reportrecommendation, the party “may serve and file specific, written objections to the proposed findings
and recommendations,” FED . R. CIV . P. 72(b), in compliance with L.R. 72.1(c). No objections have
been raised in the allotted time with respect to Magistrate Judge Lowe’s Report-Recommendation.
Furthermore, after examining the record, the Court has determined that the Report-Recommendation
is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and
ADOPTED in its ENTIRETY; and it is further
ORDERED, that Defendant’s Motion to dismiss for failure to state a claim (Dkt. No. 9) is

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On February 10, 2012, this case was reassigned to the Honorable Therese Wiley Dancks,
United States Magistrate Judge, by Order of Chief Judge Gary L. Sharpe. Dkt. No. 14.

GRANTED with leave to amend; and it is further
ORDERED, that the Clerk serve a copy of this Order on the parties.
IT IS SO ORDERED.

DATED:

February 21, 2012
Albany, New York

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