Miller v. County of Erie et al

Filing 55

ORDER adopting 51 Report and Recommendation granting in part and denying in part 7 Motion for Default Judgment. Signed by Hon. Elizabeth A. Wolford on 3/18/2019. (DPS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
tPEWFNGUTg

DISTRICT

CARL M. MILLER,
Plaintiff,

ORDER

V.

I:I7-CV-00928EAW

COUNTY OF ERIE, DEPARTMENT OF
SHERIFF OF ERIE COUNTY,

TIMOTHY B. HOWARD,Erie County
Sheriff, THOMAS DIINA,
Superintendent, LIEUTENANT
KRZYSZTOF KAMA,SERGEANT
CHRISTIAN J. SUNDBERG, OFFICER
DEANNA J. LATES, LIEUTENANT
KAREN A. YETZER, OFFICER KEITH
L. ROBERTS, SERGEANT RICHARD J.
ZOZACZKA, OFFICER D.PAUL
ROBINSON, OFFICER TIMOTHY M.
WANAT,DAVIS JULIAN, P.A., JAMES
THOMAS,JOSEPH DAMICO, ARIEL
SIMMS, ROBERT GIBBENS,R.N, and

JOHN DOES I-IO,
'
Defendants.

This ease, originally assigned to the Honorable Lawrenee J. Vilardo, was referred

for all pretrial matters and for reporting upon dispositive motions to United States
Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. §§ 636(b)(I)(A)-(C). (Dkt. 6).
The ease was transferred to the undersigned on June 14, 2018. (Dkt. 26). On February 27,

2019, Magistrate Judge Fosehio issued a thorough Report and Recommendation

^

The docket currently names Sargent Christian J. Sundberg and Sargent Richard J.

Zozaczka as defendants. The Clerk of Court is instructed to amend these names to read

Sergeant Christian J. Sundberg and Sergeant Richard J. Zozaczka.
- 1 -

recommending that Plaintiffs unopposed motion for defaultjudgment(Dkt. 7)be granted
in part and denied in part(Dkt. 51).

Pursuant to Fed. R. Civ. P. 72(b)(2) and 28 U.S.C. § 636(b)(1), the parties had 14
days after being served a copy of the Report and Recommendation to file objections. No
objections were filed. The Court is not required to review de novo those portions of a
report and recommendation to which objections were not filed. See Mario v. P & C Food

Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002)("Where parties receive clear notice of the
consequences, failure [to timely] object to a magistrate's report and recommendation
operates as a waiver of further judicial review ofthe magistrate's decision.").
Notwithstanding the lack of objections, the Court has conducted a careful review of

the Report and Recommendation as well as the filings previously made in the case, and

finds no reason to reject or modify the Report and Recommendation of Magistrate Judge
Foschio. For the reasons set forth in the Report and Recommendation(Dkt. 51),this Court

grants in part and denies in part Plaintiffs motion for defaultjudgment(Dkt. 7).
SO ORDERED.

ELIZ^ETRATWOI^RD
JJaifed States District Judge
Dated:

March 18, 2019
Rochester, New York

-2-