Allen v. Norman

Full title: ADELL P. ALLEN, Plaintiff, v. CORTESIA NORMAN et al., Defendants

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

Date published: Nov 7, 2011

08 Civ. 6041(BSJ) (HBP) (S.D.N.Y. Nov. 7, 2011)

Opinion

08 Civ. 6041 (BSJ) (HBP).

November 7, 2011

Memorandum Order

BARBARA JONES, District Judge

Having reviewed Magistrate Judge Pitman's Report and Recommendation, dated September 27, 2011, having received no objections from any party, and having found no clear error on the face of the record, I hereby confirm and adopt the Report and Recommendation in its entirety. See Adee Motor Cars, LLC v. Amato, 388 F. Supp. 2d 250, 253 (S.D.N.Y. 2005); Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003). The motion for default judgment is DENIED as to Defendant City of Mount Vernon and Defendant David Chong, Commissioner of Police, and GRANTED as to Defendant Ernest Usher. Accordingly, default shall be entered against Defendant Usher and the matter shall be set for an inquest as to him. Additionally, Defendant Cortesia Norman is dismissed from the lawsuit.

The parties' failure to file written objections precludes appellate review of this decision. See Caidor v. Onondaga Cnty., 517 F.3d 601, 604 (2d Cir. 2008).

SO ORDERED:

Dated: New York, New York

November 4, 2011