McNair v. Rivera et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATION: After careful consideration, Magistrate Judge Netburn issued a R&R on April 26, 2013, proposing the Motion to Dismiss be denied. Despite notification of the right to object to the R&R, no timely objections we re filed. When no objection is made, the Court subjects the R&R to a clear error review. Arthur v. Goard, No. 06 Civ. 326 (DLC), 2008 WL 482866, at *3 (S.D.N.Y. Feb. 21, 2008) ("To accept those portions of the report to which no timely objection has been made, 'a district court need only satisfy itself that there is no clear error on the face of the record.'" (quoting Figueroa v. Riverbay Corp., No. 06 Civ. 5364 (PAC), 2006 WL 3804581, at *1 (S.D.N.Y. Dec. 22, 2006))). The Co urt's review finds no clear error, and accordingly, the Court ADOPTS Magistrate Judge Netburn's R&R in its entirety.Defendants' Motion to Dismiss is DENIED. (Signed by Judge Andrew L. Carter, Jr on 9/6/2013) (js) Modified on 9/6/2013 (js).