Leibovitz v. The City of New York et al

Filing 134

ORDER for 133 Report and Recommendations,, 129 Motion to Dismiss filed by Perry, Hobbs, Carlton Newton, Antonio Cuin, The City of New York, Bruij, Winfrey, Pringle. It is hereby ORDERED that the Report and Recommendation is adopt ed. For the reasons stated in the Report and Recommendation, Defendants motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to close the case and all pending motions. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/11/2019) (cf) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ETAN LEIBOVITZ,
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Plaintiff,
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-against:
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THE CITY OF NEW YORK, et al.
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Defendants. :
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09/11/2019

15 Civ. 0546 (LGS)
ORDER

LORNA G. SCHOFIELD, United States District Judge:
WHEREAS, on August 27, 2019, Magistrate Judge Pitman issued a Report and
Recommendation to grant Defendants’ motion to dismiss (Dkt. No. 14);
WHEREAS, as stated in Judge Pitman’s August 27, 2019, Report and
Recommendation, the parties “have fourteen (14) days from receipt of this Report to file
written objections” (Dkt. No. 133);
WHEREAS, no timely objection was filed;
WHEREAS, in reviewing a Report and Recommendation of a magistrate judge, a
district judge “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)(1). “In a case such as
this one, where 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.” Poulos, v. City of New York, No. 14
Civ. 3023, 2018 WL 3745661, at *1 (S.D.N.Y. Aug. 6, 2018) (internal quotation marks
omitted);
WHEREAS, the Court finds no clear error on the face of the record. It is hereby

ORDERED that the Report and Recommendation is adopted. For the reasons stated in
the Report and Recommendation, Defendants’ motion to dismiss is GRANTED.
The Clerk of Court is respectfully directed to close the case and all pending motions.
Dated:

September 11, 2019
New York, New York

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