Twine v. Four Unknown New York Police Officers

Filing 66

ADOPTION OF REPORT AND RECOMMENDATION: 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 Magist rate Judge James L. Cott, dated December 12, 2012, be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety. Defendants' Motion to Dismiss is hereby (1) GRANTED as to Plaintiff's false arrest claim, and (2) DENIED as to Plaintiff's malicious prosecution claim. Defendants shall Answer the Amended Complaint within 21 days of the date of this Order. (Signed by Judge Deborah A. Batts on 1/25/2013) (ft)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

------------------------------------x

SYLVESTER TWINE,

Plaintiff,
10 Civ. 6622 (DAB) (JLC)
ADOPTION OF REPORT
AND RECOMMENDATION

v.
FOUR UNKNOWN NEW YORK
POLICE OFFICERS,
Defendants.

------------------------------------x
DEBORAH A. BATTS, United States District Judge.
This matter is before the Court upon the December 12, 2012
Report and Recommendation of United States Magistrate Judge
James L. Cott (the "Report"). Judge Cottls Report recommends
that Defendants' Motion to Dismiss be GRANTED as to Plaintiff's
false arrest claim and DENIED as to plaintiff's malicious
prosecution claim.

(Report at 1.)

"Within fourteen days after being served with a copy [of a
Magistrate Judgels 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 magistratels report
1

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)

(internal quotation marks omitted). This rule

applies to pro se parties so long as the Magistrate Judge's
Report "explicitly states that failure to object to the report
within [fourteen] days will preclude appellate review and
specifically cites 28 U.S.C.

§

636(b) (1) and rules 72, 6(a) and

6(e) of the Federal Rules of Civil Procedure." Small v. Sec'yof
Health

&

Human Servs., 892 F.2d 15, 16 (2d Cir. 1989)

(per

curiam) .
Despite being advised of the procedure for filing
Objections in Judge Cottls Report and warned that failure to
file Objections would waive objections and preclude appellate
review (Report at 35), no Party has 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 James L. Cott, dated December
12, 2012, be and the same hereby is APPROVED, ADOPTED, and
RATIFIED by the Court in its entirety. Defendants' Motion to
Dismiss is hereby (1) GRANTED as to Plaintiff's false arrest
claim, and (2) DENIED as to Plaintiff's malicious prosecution

2

claim. Defendants shall Answer the Amended Complaint within 21
days of the date of this Order.

SO ORDERED.

Dated:

~ 15 W13

New Yor

Nea York

Deborah A. Batts
United States District Judge

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