Woodward v. Ali et al
Filing
162
ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 160 ) is APPROVED and ADOPTED in its entirety. ORDERED, that Plaintiff's motion for leave to file an interlocutory appeal (Dkt. No. 142 ) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 2/21/18. {order served via regular mail on plaintiff}(nas, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
SHAWN WOODWARD,
Plaintiff,
-against-
9:13-CV-1304 (LEK/DJS)
DR. ALI, et al.,
Defendants.
ORDER
This matter comes before the Court following a report-recommendation filed on
January 25, 2018, by the Honorable Daniel J. Stewart, U.S. Magistrate Judge, pursuant to
28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 160 (“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); 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.” § 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. 160) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that Plaintiff’s motion for leave to file an interlocutory appeal
(Dkt. No. 142) is DENIED; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on Plaintiff in
accordance with the Local Rules.
IT IS SO ORDERED.
DATED:
February 21, 2018
Albany, New York
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