Key v. Fischer

Full title: OLSEN L. KEY, JR., Plaintiff, v. WARDEN BRIAN FISCHER, ET AL., Defendants

Court: United States District Court, S.D. New York

Date published: Sep 28, 2007

05 Civ. 10461 (SHS) (S.D.N.Y. Sep. 28, 2007)

Opinion

05 Civ. 10461 (SHS).

September 28, 2007

ORDER

SIDNEY STEIN, District Judge

On September 4, 2007, Magistrate Judge Gabriel W. Gorenstein issued a Report and Recommendation recommending that defendants' motion to dismiss be granted and plaintiff be given leave to file a second amended complaint in the event he wishes to pursue a retaliation claim. No objections by any party have been filed to date.

After a de novo review of the Report and Recommendation, the Court adopts the recommendation of Magistrate Judge Gorenstein to dismiss this action. Accordingly, for the reasons set forth in the Report and Recommendation dated September 4, 2007,

IT IS HEREBY ORDERED that defendants' motion to dismiss is granted. Plaintiff shall have until November 12, 2007 to file an amended complaint to pursue a retaliation claim if he wishes to do so.

SO ORDERED: