Chinnery v. New York State Office of Children-N-Family Services et al

Filing 64

ADOPTION OF REPORT AND RECOMMENDATION for 63 Report and Recommendation; granting 56 Motion for Judgment on the Pleadings filed by Roger Rasco. It is hereby ORDERED AND ADJUDGED that the Report and Recommendation of United States Magistrate Judge George A. Yanthis, filed April 24, 2013, be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety. Defendant Roger Rasco's Motion for Judgment on the Pleadings is hereby GRANTED and this action is DISMISSED as agai nst Mr. Rasco. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Deborah A. Batts on 7/10/2013) (ft)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------X
MAURICE A. CHINNERY,
Plaintiff,
v.

10 Civ. 882 (DAB)
ADOPTION OF REPORT
AND RECOMMENDATION

NEW YORK STATE OFFICE OF CHILDREN
AND FAMILY SERVICES and ROGER RASCO,
Defendants.
------------------------------------X
DEBORAH A. BATTS, United States District Judge.
This matter is before the Court upon the April 24, 2013
Report and Recommendation of United States Magistrate Judge
George A. Yanthis (the “Report”). Judge Yanthis’s Report
recommends that the Court grant Defendant Roger Rasco’s Motion
for Judgment on the Pleadings pursuant to Federal Rule of Civil
Procedure 12(c). (Report at 2-3.)
"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."
636(b)(1)(C).

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

The Court may adopt those portions of the Report

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

DiPilato v. 7-Eleven,

Inc., 662 F. Supp. 2d 333, 339 (S.D.N.Y. 2009).

“[F]ailure to

object timely to a magistrate’s report operates as a waiver of
any further judicial review of the magistrate’s decision.”
Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008)
(quoting Small v. Sec’y of Health & Hum. Servs., 892 F.2d 15, 16
(2d Cir. 1989)).

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 Yanthis’s Report, and warned that failure to file
objections would waive objections and preclude appellate review,
(Report at 3-4), Plaintiff 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 George A. Yanthis, filed April 24, 2013,
be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the
Court in its entirety. Defendant Roger Rasco’s Motion for
Judgment on the Pleadings is hereby GRANTED and this action is
DISMISSED as against Mr. Rasco.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3),
that any appeal from this Order would not be taken in good faith,
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and therefore in forma pauperis status is denied for the purpose
of an appeal.

See Coppedge v. United States, 369 U.S. 438,

444-45 (1962).

SO ORDERED.
Dated:

New York, New York
July 10, 2013

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