Summary
dismissing a pro se plaintiff's complaint as barred by res judicata as a result of a prior § 1915(e) dismissal
Summary of this case from Justice v. KuhnapfelOpinion
3:13-CV-1417 (LEK/DEP)
04-03-2014
DONALD M. DOVE, Plaintiff, v. HON. SUPREME J. PESCE, et al., Defendants.
ORDER
This matter comes before the Court following a Report-Recommendation filed on December 20, 2013, by the Honorable David E. Peebles, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 4 ("Report-Recommendation").
Within fourteen days after a party has been served with a copy of a magistrate judge's report-recommendation, 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. Chylinski v. Bank of Am., N.A., 434 F. App'x 47, 48 (2d Cir. 2011); 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.").
Plaintiff's Objections contain only a conclusory assertion that "[t]his case [has] merits and ought to have appellate review." Dkt. No. 5. The Court therefore reviews the Report-Recommendation for clear error and finds none.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 4) is APPROVED and ADOPTED in its entirety; and it is further
ORDERED, that the Complaint (Dkt. No. 1) is DISMISSED with prejudice; and it is further
ORDERED, that the Clerk of the Court close this case; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on the parties to this action in accordance with the Local Rules.
IT IS SO ORDERED. DATED: April 03, 2014
Albany, New York
______________________
Lawrence E. Kahn
U.S. District Judge