Steinmetz v. Cabrera et al

Filing 32

ORDER adopting Report and Recommendations re 29 Report and Recommendations; denying 8 Motion for Preliminary Injunction; denying 8 Motion for TRO; denying 9 Motion to Expedite; denying 10 Motion for Default Judgment; granting 22 Motion for Judgment on the Pleadings. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 10/2/2018. (Chambers mailed a copy of this Order to pro se plaintiff). (AMD).-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

DAVID STEINMETZ,
Plaintiff,
v.
ANTHONY ANNUCCI, et al.,

17-cv-1000
ORDER ADOPTING REPORT
AND RECOMMENDATION

Defendants.

On October 4, 2017, the plaintiff commenced this action seeking relief under 42
U.S.C. § 1983. Docket Item 1. On March 5, 2018, he moved for a preliminary
injunction, Docket Item 8; on March 16, 2018, he moved to expedite a decision on his
motion for a preliminary injunction, Docket Item 9; and on March 20, 2018, he moved for
a default judgment, Docket Item 10. On May 4, 2018, this Court referred this case to
United States Magistrate Judge Jeremiah J. McCarthy for all proceedings under 28
U.S.C. § 636(b)(1)(A) and (B). Docket Item 15.
On May 18, 2018, the defendants responded to the plaintiff’s motions and moved
for judgment on the pleadings, Docket Item 22; and on May 29, 2018, the plaintiff
replied, Docket Item 26. On June 28, 2018, Judge McCarthy issued a Report and
Recommendation ("R&R"), finding that the defendants' motion should be granted and
that the plaintiffs' motions should be denied. Docket Item 29. The parties did not object
to the R&R, and the time to do so now has expired. See 28 U.S.C. § 636(b)(1); Fed. R.
Civ. P. 72(b)(2).

A district court may accept, reject, or modify the findings or recommendations of
a magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). A district court
must conduct a de novo review of those portions of a magistrate judge’s
recommendation to which a party objects. 28 U.S.C. § 636(b)(1); Fed. R. Civ.
P. 72(b)(3). But neither 28 U.S.C. § 636 nor Federal Rule of Civil Procedure 72
requires a district court to review the recommendation of a magistrate judge to which no
objections are raised. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985).
Although not required to do so in light of the above, this Court nevertheless has
carefully reviewed Judge McCarthy's R&R. Based on that review and the absence of
any objections, the Court accepts and adopts Judge McCarthy's recommendation to
deny the plaintiff's motions and grant the defendants' motion.
For the reasons stated above and in the R&R, the plaintiff's motions for a
preliminary injunction, to expedite, and for a default judgment, Docket Items 8, 9, and
10, are DENIED; the defendant’s motion for judgment on the pleadings, Docket Item 22,
is GRANTED; the complaint, Docket Item 1, is dismissed; and the Clerk of the Court
shall close the file.

SO ORDERED.
Dated:

October 2, 2018
Buffalo, New York

s/ Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE

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