Casey et al v. Pallito et al
Filing
91
ORDER ADOPTING 89 REPORT AND RECOMMENDATION denying without prejudice 85 Plaintiff's Motion for Summary Judgment. Signed by Chief Judge Christina Reiss on 4/23/2014. (pac)
UNITED STATES DISTRICT COURT
D~ 2.~
FOR THE
lU\lt ~PR 23 \
DISTRICT OF VERMONT
CLERK
31
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B'I' ~(-CLER'('
SHANE EDWARD CASEY,
Plaintiff,
v.
ANDREW PALLITO, GREG HALE,
DAN DAVIES, and KORY STONE,
Defendants.
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Case No.5: 12-cv-284
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION
(Doc. 85, 89)
This matter came before the court for a review of the Magistrate Judge's March
31, 2014 Report and Recommendation ("R & R"). Plaintiff has filed a motion for
summary judgment. (Doc. 85.) Defendant has not responded to the motion. Neither
party has objected to the R & R, and the deadline for doing 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); 28 U.S.C. § 636(b)(1); 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). When no timely objection is filed, the court need only satisfy itself that there
is no clear error on the face of the record in order to accept the recommendation. See
Campbell v. United States Dist. Court, 501 F.2d 196, 206 (9th Cir. 1974), cert. denied,
419 U.S. 879 (l974).
In his R & R, the Magistrate Judge properly determined that Plaintiffs third
motion for summary judgment (Doc. 85), filed before discovery has taken place, is
premature. On that basis, the Magistrate Judge recommends the motion for summary
judgment be denied without prejudice. Neither party has objected to the Magistrate
Judge's recommendation which the court finds well-reasoned.
For the foregoing reasons, the court hereby ADOPTS the Magistrate Judge's
R & R as the court's Order and Opinion, and DENIES Plaintiffs motion for summary
judgment (Doc. 85) without prejudice.
yd
SO ORDERED.
Dated at Rutland, in the District of Vermont, this
23 day of April, 2014.
Christina Reiss, Chief Judge
United States District Court
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