Arnold v. Geary et al

Filing 132

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 69 Motion for Summary Judgment filed by Curtis Wegner, 74 Motion for Summary Judgment filed by Martin Geary, City of Yonkers, Yonkers District Attorney Office, Curtis Wegner, Yonkers Police Department , Bryant Pappas, Philip A. Amicone, Pat Salerno, Medina ORDERED AND ADJUDGED that the Report and Recommendation of United States Magistrate Judge Gabriel W. Gorenstein, dated January 4, 2012, be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety. For the reasons detailed in Judge Gorenstein's Report, the Housing Authority Defendants' Motion for Summary Judgment is GRANTED, and the City Defendants' Motion for Summary Judgment is GRANTED in part and DENIED in part. All claims are hereby DISMISSED except the claims for false arrest and malicious prosecution against Defendants Geary, Salierno and Pappas. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/08/2012) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

---------------------------------------X

STANLEY ARNOLD,

Plaintiff,
09 Civ. 7299 (DAB)
ADOPTION OF REPORT
AND RECOMMENDATION

-against-

MARTIN GEARY, et al.,
Defendants.

---------------------------------------x
DEBORAH A. BATTS, United States District Judge.
This matter is before the Court upon the January 4, 2012
Report and Recommendation of United States Magistrate Judge
Gabriel W. Gorenstein (the "Report").

Judge Gorenstein's Report

recommends that the Housing Authority Defendants' Motion for
Summary Judgment (Dkt. #69) be GRANTED, and the City Defendants'
Motion for Summary Judgment (Dkt. #74) be GRANTED in part and
DENIED in part.

(Report at 3, 17.) Specifically, Judge

Gorenstein's Report recommends that "all claims should be
dismissed except the claims for false arrest and malicious
prosecution under 42 U.S.C.

§

1983 against defendants Geary,

Salierno and Pappas." (Id.)
"Within fourteen days after being served with a copy [of a
Magistrate Judge's Report and Recommendation], a party may serve
and file specific written objections to the proposed findings and
recommendations."

Fed. R. Civ. P. 72(b) (2); accord 28 U.S.C.

§

636(b) (1) (C).

The district court may adopt those portions of the

report to which no timely objection has been made, so long as
there is no clear error on the face of the record.

Wilds v.

united Parcel Serv., Inc., 262 F.Supp.2d 163, 169 (S.D.N.Y.
2003).

"[F]ailure to object timely to a magistrate's report

operates as a waiver of any further judicial review of the
magistrate's decision."
604 (2d Cir. 2008)
(2d Cir. 1989».

Caidor v. Onondaga County, 517 F.3d 601,

{quoting Small v. Sec. of HHS, 892 F.2d 15, 16
This rule applies to pro se parties so long as

the magistrate's report "explicitly states that failure to object
to the report within [fourteen (14)] days will preclude appellate
review ... "

Small, 892 F.2d at 16.

Despite being advised of the procedure for filing objections
in Judge Gorenstein's Report, and warned that failure to file
objections would waive objections and preclude appellate review,
(Report at 17), Plaintiff Stanley Arnold has filed no objections
to the Report.

Nor has any other Party filed objections to the

Report.
Having reviewed the Report, and finding no clear error on
the face of the record, see 28 U.S.C.

§

636(b) (1) (B), it is

hereby ORDERED AND ADJUDGED that the Report and Recommendation of
United States Magistrate Judge Gabriel W. Gorenstein, dated
January 4, 2012, be and the same hereby is APPROVED, ADOPTED, and

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RATIFIED by the Court in its entirety. For the reasons detailed
in Judge Gorenstein's Report, the Housing Authority Defendants'
Motion for Summary Judgment is GRANTED, and the City Defendants'
Motion for Summary Judgment is GRANTED in part and DENIED in
part. All claims are hereby DISMISSED except the claims for false
arrest and malicious prosecution against Defendants Geary,
Salierno and Pappas.

SO ORDERED.

Dated:

New York, New York

March 8, 2012

tJtkmJ, a. &1fb
Deborah A. Batts
United States District Judge

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