Molina v. Lease

Filing 16

REPORT AND RECOMMENDATIONS Furthermore, the Court has assured the "fairness and reliability of a dismissal" under § 1915 by granting Plaintiff an "opportunity to be heard" about the merits of his action at the January 15 conf erence. See Abbas, 480 F. 3d at 639. At the conclusion of that conference, the Court informed Plaintiff that it would recommend dismissing his case. He will have the opportunity to object to this Report and Recommendation. Thus, there is no need to i nvite him to "oppose a contemplated sua sponte dismissal" by submitting additional briefing. See id. For the reasons set forth above, the Court respectfully recommends that the District Court exercise its authority pursuant to § 1915(e ) (2) (B) (ii) and dismiss the Amended Complaint with prejudice. Pursuant to 28 U.S.C. § 636(b) (1) (C) and Rule 72 of the Federal Rules of Civil Procedure, the parties shall have ten (10) days from service of this Report to file written objecti ons. See also Fed. R. Civ. P. 6(a) and (d). Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the chambers of the Honorable P. Kevin Castel, United States District Judge, and to the chambers of the undersigned , Room 1660. Any requests for an extension of time for filing objections must be directed to Judge Castel. Failure to file objections will result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 145, 106 S. Ct. 466, 470 (1985); Frank v. Johnson, 968 F.2d 298, 300(2d Cir. 1992); Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) Objections to R&R due by 2/13/2009 (Signed by Magistrate Judge Theodore H. Katz on 1/26/2009) Copies Mailed By Chambers.(jmi)