Ford v. Ponte et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 36 Motion to Dismiss filed by Joseph Ponte, C.O. Rodriguez. Accordingly, Defendants' motion to dismiss is GRANTED. Pursuant to 28 U.S.C 1915(a), any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438 (1962). The Clerk is directed to enter judgment and to close this case. SO ORDERED. (Signed by Judge Paul A. Crotty on January 5, 2017) Copies Mailed By Chambers. (mov)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: January 5, 2017

The Court 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)(l). "To accept the report
and recommendation of a magistrate, to which no timely objection has been made, a district
court need only satisfy itself that there is no clear error on the fact of the record." Wilds v.

United Parcel Serv., Inc., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003). The Court finds no clear
error in the R&R and adopts it in full.
Accordingly, Defendants' motion to dismiss is GRANTED. Pursuant to 28 U.S.C
1915(a), any appeal from this order would not be taken in good faith. See Coppedge v. United

States, 369 U.S. 438 (1962). The Clerk is directed to enter judgment and to close this case.

Dated: New York, New York
January 5, 2017
SO ORDERED

~

PAUL A. CROTTY
United States District Judge
Copies mailed by chambers to:
Samuel Ford
HUB Station
Box 469
Bronx, NY 10455

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