Whelan v. The State Of New York et al

Filing 50

ORDER for 33 Motion to Dismiss/Lack of Jurisdiction filed by Jill Zuccardy, Esq., 24 Motion to Dismiss, Motion to Dismiss/Lack of Jurisdiction filed by The State Of New York, Tandra Dawson, 28 Motion to Dismiss filed by New York Count y District Attorney, 49 Report and Recommendations. Defendants have moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). (Mot. (Dkt. No. 24) at 1-2; Mot. (Dkt. No. 28) at 1; Mot. (Dkt. No. 33) at 1). On September 7, 2017, this Court referred Defendants' motions to Magistrate Judge Sarah Netburn. (See Order (Dkt. No. 46)) On December 19, 2017, Judge Netburn issued a thorough Report and Recommendation ("R&R") recommending that this Court grant Defendants 9; motions to dismiss. (As further set forth in this Order.) For the reasons stated above, the R&R is adopted in its entirety, and Defendants' motions to dismiss are granted. The Clerk of the Court is directed to terminate the motions (Dkt. No s. 24, 28, 33) and to close this case. The Clerk of the Court is further directed to mail a copy of this order via certified mail to pro se Plaintiff Steven Whelan, Anna M. Kross Correctional Facility, 18-18 Hazen Street, East Elmhurst, NY 11370-1383. (Signed by Judge Paul G. Gardephe on 2/9/2018) (cf)