Chandler v. C.C.S. Medical Services

Filing 13

OPINION AND ORDER Adopting Magistrate Judge's 12 Report and Recommendation granting 11 Plaintiff's Motion to Dismiss without prejudice. Signed by Chief Judge Christina Reiss on 1/30/2017. (pac)

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U.SJJI$TR!tf CQ ll$f1UCT Uf V · . ftLEft UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT JABBAR CHANDLER, Plaintiff, v. C.C.S. MEDICAL SERVICES, Defendant. ) ) ) ) ) ) ) ) ) 2011 JAN 30 PH 2: 45 CLElRK / IYdf~{. Case No. 2:16-cv-22 OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (Docs. 11 & 12) This matter came before the court for a review of the Magistrate Judge's October 31, 2016 Report and Recommendation ("R & R") (Doc. 12), in which he recommended · that the court grant Plaintiff Jabbar Chandler's motion to dismiss his Complaint so that he may exhaust his administrative remedies. (Doc. 11.) Defendant C.C.S. Medical Services did not object to Plaintiffs motion. Neither party has filed an objection to the R & R, and the time period to do so has expired. A district judge must make a de novo determination of those portions of a magistrate judge's report and recommendation to which an objection is made. Fed. R. Civ. P. 72(b)(3); 28 U.S.C. § 636(b)(l); Cullen v. United States, 194 F.3d 401, 405 (2d Cir. 1999). The district judge may "accept, reject, or modifY, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b )(1 ); accord Cullen, 194 F.3d at 405. A district judge, however, is not required to review the factual or legal conclusions of the magistrate judge as to those portions of a report and recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Because Plaintiff requests that his Complaint be dismissed, the court adopts the Magistrate Judge's conclusions and adopts the R & R in its entirety. . CONCLUSION For the foregoing reasons, the court hereby ADOPTS the Magistrate Judge's R & R (Doc. 12) as the court's Order and Opinion, and GRANTS Plaintiffs motion to dismiss his Complaint without prejudice. (Doc. 11.) SO ORDERED. Dated at Burlington, in the District of Vermont, this 3~y of January, 2017. Christina Reiss, Chief Judge United States District Court 2

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