Jackson v. O'Brien et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION for 28 Report and Recommendations, 21 Motion to Dismiss, filed by Ellisa O'Brien, Barbara Hanson, New York City Department of Education: Having conducted the appropriate level of review of the Report and Recommendation of United States Magistrate Judge Debra Freeman, dated July 17, 2013, this Court APPROVES, ADOPTS, and RATIFIES the Report's factual recitations, findings, and recommendations in their entirety. Defendants' Motion to Dism iss pursuant to Fed. R. Civ. P. 12(b)(5), (6) is converted to a Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 12.1, and the Motion for Summary Judgment is GRANTED. The Complaint is, therefore, DISMISSED and the Clerk of t he Court is instructed to dismiss the Complaint with prejudice and to close the docket in this case. Because Plaintiff has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C . § 2253; see United States v. Perez, 129 F.3d 255, 260 (2d Cir. 1997). 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. See Coppedge v. United States, 369 U.S. 438, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). (Signed by Judge Deborah A. Batts on 2/25/2014) (tn)