Missel v. County of Monroe et al

Filing 28

-CLERK TO FOLLOW UP- ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety and directing Clerk of Court to issue a judgment in favor of James Missel consistent with this Order. (Clerk to close case.) Signed by Hon. Michael A. Telesca on 10/1/14. (JMC)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________
JAMES MISSEL,
Plaintiff,
v.

10-CV-6380
DECISION
and ORDER

COUNTY OF MONROE, JOHN DOE DEPUTIES
1-5; in Their Official and Individual
Capacities, and MICHAEL HILDRETH,
Defendant.
_______________________________
By Order dated August 17, 2011, I granted plaintiff James
Missel’s motion for default judgment against defendant Michael
Hildreth (“Hildreth”), and referred the matter to United States
Magistrate Judge Jonathan W. Feldman for the purpose of determining
the amount, if any, of plaintiff’s damages.

Pursuant to my

August 17, 2011 Decision and Order, Judge Feldman conducted a
hearing on the issue of plaintiff’s damages, and by Report and
Recommendation dated September 5, 2014, recommended that plaintiff
be awarded $500.00 in damages against defendant Hildreth.

Neither

party has objected to the Report and Recommendation issued by
Judge Feldman. Because neither party has filed an objection to the
September 5, 2014 Report and Recommendation, the parties have
waived their rights to de novo review pursuant to 28 U.S.C.
§ 636(b)(1). U.S. v. Male Juvenile, 121 F.3d 34 (2nd Cir. 1997).
Additionally, the Second Circuit has by rule adopted the position
that where the parties have received notice of the consequences of

failing

to

object

to

a

Magistrate

Judge’s

Report

and

Recommendation, such a failure will preclude any further review of
a Decision adopting a Magistrate Judge’s Report and Recommendation.
Id. See also, Small v. Secretary of Health and Human Services, 892
F.2d 15 (2nd Cir. 1989)(“failure to object timely to a magistrate’s
report operates as a waiver of any further judicial review of the
magistrate’s decision”). Accordingly, I may only review Magistrate
Feldman’s Report and Recommendation for clear error.
For the reasons set forth in Judge Feldman’s September 5, 2014
Report and Recommendation, I find that Judge Feldman properly
determined that plaintiffs’ damages are compensable by an award of
$500.00.

Because there is no clear error of law or fact in the

Magistrate’s Report and Recommendation, I adopt Judge Feldman’s
Report and Recommendation in its entirety, and direct that the
Clerk of the Court issue a judgment in favor of James Missel in the
amount of $500.00
ALL OF THE ABOVE IS SO ORDERED.
S/ Michael A. Telesca
____________________________
Michael A. Telesca
United States District Judge
DATED:

Rochester, New York
October 1, 2014

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