Torres v. New York City Health & Hospitals Corporation et al

Filing 43

ORDER re: 38 Report and Recommendations,, 39 Memorandum & Opinion. Accordingly, the Court will not now entertain Plaintiff's objection to Judge Fox's R&R, although it notes thathaving reviewed the objection and the R&Rit would have adopted the R&R in full had it not already granted HHC's motion to dismiss. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/19/2021) (kv)

Case 1:18-cv-04665-RA-KNF Document 43 Filed 01/19/21 Page 1 of 1
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
WILFREDO TORRES,
Plaintiff,

18-CV-4665 (RA)
v.
ORDER
NYC HEALTH & HOSPITALS, et al.,
Defendants.

RONNIE ABRAMS, United States District Judge:
In October 2018, Defendant NYC Health and Hospitals (“HHC”) filed a letter motion asking the
Court to dismiss the case. Dkt. 13. In April 2019, the Court referred that motion to Magistrate Judge
Fox for a Report and Recommendation (“R&R”). Dkt. 19; Dkt. 23. HHC later filed a second motion to
dismiss in August 2020. Dkt 26. On January 7, 2021, the Court issued a memorandum opinion and
order granting HHC’s August 2020 motion to dismiss. Dkt. 39. On the same day, Judge Fox filed an
R&R recommending that the Court dismiss this action. Dkt. 38. Although 28 U.S.C. § 636(b)(1)(A)
allows a party to file an objection to a magistrate judge’s report on a dispositive motion, this statute is
inapplicable when a district court judge herself resolves the motion without the benefit of an R&R.
Accordingly, the Court will not now entertain Plaintiff’s objection to Judge Fox’s R&R, although it notes
that—having reviewed the objection and the R&R—it would have adopted the R&R in full had it not
already granted HHC’s motion to dismiss.
SO ORDERED.
Dated:

January 19, 2021
New York, New York
RONNIE ABRAMS
United States District Judge