Perkins v. Rock et al

Filing 82

ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 79 ) is APPROVED and ADOPTED in its entirety. ORDERED, that Defendants' Motion (Dkt. No. 74 ) to dismiss is GRANTED. ORDERED, this action is DISMISSED without prejudice. Signed by Senior Judge Lawrence E. Kahn on 10/7/14. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
MICHAEL PERKINS,
Plaintiff,
-against-

9:12-CV-0459 (LEK/RFT)

DAVID A. ROCK, et al.,
Defendants.
___________________________________
ORDER
This matter comes before the Court following a Report-Recommendation filed on September
5, 2014, by the Hon. Randolph F. Treece, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and
Local Rule 72.3. Dkt. No. 79 (“Report-Recommendation”).
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); L.R. 72.1(c). “If no objections are filed . . .
reviewing courts should review a report and recommendation for clear error.” Edwards v. Fischer,
414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006); see also Cephas v. Nash, 328 F.3d 98, 107 (2d Cir.
2003) (“As a rule, a party’s failure to object to any purported error or omission in a magistrate
judge’s report waives further judicial review of the point.”); Farid v. Bouey, 554 F. Supp. 2d 301,
306 (N.D.N.Y. 2008).
No objections to the Report-Recommendation were filed in the allotted time period. See
Docket. After a thorough review of the Report-Recommendation and the record, the Court has
determined that the Report-Recommendation is not subject to attack for clear error.
Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 79) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that Defendants’ Motion (Dkt. No. 74) to dismiss is GRANTED; and it is
further
ORDERED, this action is DISMISSED without prejudice; and it is further
ORDERED, that the Clerk serve a copy of this Order upon the parties to this action in
accordance with the Local Rules.
IT IS SO ORDERED.

DATED:

October 07, 2014
Albany, New York

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