Filed: May 28, 2015
Latest Update: May 28, 2015
Summary: ORDER LAWRENCE E. KAHN , District Judge . This matter comes before the Court following a Report-Recommendation filed on April 8, 2015, by the Honorable Randolph F. Treece, U.S. Magistrate Judge, pursuant to 28 U.S.C. 636(b) and Local Rule 72.3. Dkt. No. 125 ("Report-Recommendation"). Pro se Plaintiff Benji Reed ("Plaintiff") timely filed Objections. 1 Dkt. No. 126 ("Objections"). Within fourteen days after a party has been served with a copy of a magistrate judge's reportrecommendati
Summary: ORDER LAWRENCE E. KAHN , District Judge . This matter comes before the Court following a Report-Recommendation filed on April 8, 2015, by the Honorable Randolph F. Treece, U.S. Magistrate Judge, pursuant to 28 U.S.C. 636(b) and Local Rule 72.3. Dkt. No. 125 ("Report-Recommendation"). Pro se Plaintiff Benji Reed ("Plaintiff") timely filed Objections. 1 Dkt. No. 126 ("Objections"). Within fourteen days after a party has been served with a copy of a magistrate judge's reportrecommendatio..
More
ORDER
LAWRENCE E. KAHN, District Judge.
This matter comes before the Court following a Report-Recommendation filed on April 8, 2015, by the Honorable Randolph F. Treece, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 125 ("Report-Recommendation"). Pro se Plaintiff Benji Reed ("Plaintiff") timely filed Objections.1 Dkt. No. 126 ("Objections").
Within fourteen days after a party has been served with a copy of a magistrate judge's reportrecommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations." FED. R. CIV. P. 72(b); L.R. 72.1(c). If no objections are made, or if an objection is general, conclusory, perfunctory, or a mere reiteration of an argument made to the magistrate judge, a district court need review that aspect of a report-recommendation only for clear error. Barnes v. Prack, No. 11-CV-0857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18, 2013); Farid v. Bouey, 554 F.Supp.2d 301, 306-07 & n.2 (N.D.N.Y. 2008); see also Machicote v. Ercole, No. 06 Civ. 13320, 2011 WL 3809920, at *2 (S.D.N.Y. Aug. 25, 2011) ("[E]ven a pro se party's objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate's proposal, such that no party be allowed a second bite at the apple by simply relitigating a prior argument."). "A [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).
In his Objections, Plaintiff asserts in a conclusory fashion that certain material facts are in dispute and therefore preclude summary judgment. See Objs. at 2-3.2 The facts Plaintiff recites, however, merely reiterate issues addressed in the Report-Recommendation. See id. Plaintiff also states in a wholly conclusory fashion that the Magistrate Judge "overlooked" facts. Id. at 3. Accordingly, the Court reviews the Report-Recommendation for clear error and finds none.
Accordingly, it is hereby:
ORDERED, that Report-Recommendation (Dkt. No. 125) is APPROVED and ADOPTED in its entirety; and it is further
ORDERED, that Defendants' Motion (Dkt. No. 98) for summary judgment is GRANTED and the case is DISMISSED; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on the parties in accordance with the Local Rules.
IT IS SO ORDERED.
