Summary
relying on Fed.R.Civ.P. 15 and 21 where plaintiff sought to amend to add defendants
Summary of this case from Brown v. MontoyaOpinion
9:09-CV-1036 (FJS/DEP).
September 24, 2010
TERRENCE TAYLOR, 87-A-1749, Green Haven Correctional Facility, Stormville, New York, Plaintiff pro se.
OFFICE OF THE NEW YORK, STATE ATTORNEY GENERAL, MICHAEL G. MCCARTIN, AAG. The Capitol, Albany, New York, Attorneys for Defendants,
ORDER
On September 2, 2010, Magistrate Judge Peebles issued a Report and Recommendation in which he recommended that this Court grant in part and deny in part Defendants' motion to dismiss and grant Plaintiff's motion for leave to amend and to join additional parties. See Dkt. No. 42. The parties did not file any objections to those recommendations.
When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may `accept, reject, or modify, in whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)).
The Court has reviewed Magistrate Judge Peebles' September 2, 2010 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Peebles' September 2, 2010 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Defendants' motion to dismiss is GRANTED with respect to all of Plaintiff's claims against Defendants Goord, Wright, and Graham and DENIED in all other respects; and the Court further
ORDERS that Plaintiff's motion for leave to amend and to join additional parties is GRANTED; and the Court further
ORDERS that, within thirty (30) days of the filing date of this Order, Plaintiff shall file his motion to amend his complaint, together with "a fully integrated second amended complaint, to be substituted for and replace the currently operative, amended complaint. That second amended complaint should incorporate the facts set forth in support of [P]laintiff's pending motion [to amend]." See Report and Recommendation dated September 2, 2010, at 33 n. 10; and the Court further
ORDERS that, when the Clerk of the Court receives Plaintiff's motion to amend and his proposed second amended complaint, the Clerk of the Court shall forward those documents to Magistrate Judge Peebles for review and a determination of whether the proposed pleading meets the criteria set forth in Magistrate Judge Peebles' September 2, 2010 Report and Recommendation; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.
IT IS SO ORDERED.
Dated: September 23, 2010 Syracuse, New York