Waters v. Stewart et al
Filing
20
ORDER ADOPTING R&R; that finding no clear error, the Court adopts Judge Maas's R&R in full and dismisses Waters's claims against all defendants. The Clerk of Court is directed to terminate this case. Pursuant to 28 U.S.C § 1915(a), any appeal from this order would not be taken in good faith. (Signed by Judge Paul A. Crotty on 4/7/11). Copies Mailed By Chambers. (pl) Modified on 4/8/2011 (pl).
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: April 7,2011
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BENJAMIN WATERS,
Plaintiff,
- against -
09 Civ. 10314 (PAC) (FM)
ORDER ADOPTING R&R
DANIEL STEWART, et al.
Defendants.
---------------------------------------------------- x
HONORABLE PAUL A. CROTTY, United States District Judge:
On December 21,2009, Benjamin Waters commenced this prisoner civil rights action, pro
se. The Court referred general pretrial matters and dispositive motions in the case to Magistrate
Judge Frank Maas on January 4,2010, After receiving several letters from Waters indicating that
he did not wish to pursue this case, Magistrate Judge Maas held a telephone conference with Waters
on August 3, 2010 to verify his intent. Waters reiterated his desire to discontinue the case,
confirmed that he had not been pressured to do so, and indicated that he had signed a stipUlation of
voluntary discontinuance. That same day, Magistrate Judge Maas issued a Report and
Recommendation ("R&R"), recommending that the Court dismiss the case. The R&R provided
fourteen days for written objections, pursuant to 28 U.S.c. § 636(b)(\) and Fed, R. Civ. P. 72(b).
No objections have been filed.
A district court may "accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge," 28 U.S,C. § 636(b)(I). "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 ofthe record." fcchan v. Feehan, No, 09 Civ. 7016 (DAB), 2011 WL
497776 at *1 (S,D,N.Y. Feb. 10,2011).
Finding no clear error, the Court adopts Judge Maas's R&R in full and dismisses Waters's
claims against all defendants. The Clerk of Court is directed to terminate this case. Pursuant to 28
u.s.C § 1915(a), any appeal from this order would not be taken in good faith.
Dated: New York, New York
April 7,2011
SO ORDERED
pf}:1ff:i
United States District Judge
Copies Mailed To:
Benjamin Waters
241-07-01081
11-11 Hazen Street
East Elmhurst, NY 11370
Lisa Marie Richardson
New York City Law Department
100 Church Street
New York, NY 10007
2
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