Opinion
19 CIVIL 643 (VEC) (JLC)
01-21-2020
FULGENCIO RODRIGUEZ, Plaintiff, v. N.Y. STATE DEPT. OF PAROE; SENIOR PAROLE OFFICER S. ESTWICK; PAROLE OFFICER ELVIS RAMOS; SHIELD #221; N.Y. STATE DEPT. OF SOCIAL SERVICES, Defendants.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated January 17, 2020, the R&R is adopted to the extent that Plaintiff's Section 1983 claims are dismissed with prejudice, on the basis of qualified immunity; his ADA and Rehabilitation Act claims, if any, are dismissed with prejudice for failure to state a claim; his HCDA claim, if any, is dismissed without prejudice for lack of jurisdiction; his state law claims, is any, are dismissed without prejudice because the Court declines to exercise supplemental jurisdiction; leave to amend is denied as futile; Plaintiff's failure to file objection to the R&R operates as a waiver of appellate review because the R&R contained a notice that Plaintiff's failure to file objections within 14 days will preclude appellate review, informed Plaintiff of the possibility of an extension of time to file objections, and cited the relevant law governing objection and computation of time; accordingly, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and permission to proceed in forma pauperis is denied, and the case is closed. DATED: New York, New York
January 21, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk