Opinion
3:17-CV-918 (LEK/DEP)
11-21-2017
JOHN H. NEWMAN, Plaintiff, v. ANTHONY ANNUCCI, et al., Defendants.
ORDER
This matter comes before the Court following a report-recommendation filed on October 18, 2017, 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. 8 ("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. Barnes v. Prack, No. 11-CV-857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18, 2013); see also Machicote v. Ercole, No. 06-CV-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." § 636(b).
No objections were filed in the allotted time period. Docket. Thus, the Court has reviewed the Report-Recommendation for clear error and has found none.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 8) is APPROVED and ADOPTED in its entirety; and it is further
ORDERED, that Plaintiff's motion for leave to proceed in forma pauperis (Dkt. No. 2) is GRANTED; and it is further
ORDERED, that the Clerk provide the Superintendent of Elmira Correctional Facility, designated by Plaintiff as his current location, with a copy of Plaintiff's authorization form (Dkt. No. 3), and notify the official that this action has been filed and that Plaintiff is required to pay the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. § 1915; and it is further
ORDERED, that the Clerk provide a copy of Plaintiff's authorization form (Dkt. No. 3) to the Financial Deputy of the Clerk's Office; and it is further
ORDERED, that Plaintiff's claims for money damages against Defendants in their official capacities are DISMISSED with prejudice, and all other claims survive the Court's sua sponte review and require a response; and it is further
ORDERED, that upon receipt from Plaintiff of the documents required for service of process, the Clerk shall issue a summonses and forward them, along with copies of the Complaint, to the United States Marshal for service upon Defendants. The Clerk shall forward a copy of the summonses and Complaint to the Office of the Attorney General, together with a copy of this Order and packets containing General Order 25, which sets forth this District's Civil Case Management Plan and the scheduling of a Rule 16 Conference that will be conducted by telephone before Magistrate Judge David E. Peebles. Defendants' counsel, once he or she formally appears in the action, is directed to initiate the call to Chambers; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on Plaintiff in accordance with the Local Rules.
IT IS SO ORDERED. DATED: November 21, 2017
Albany, New York
/s/_________
Lawrence E. Kahn
U.S. District Judge