Opinion
19 CIVIL 11920 (VEC)
08-09-2021
LEXY AVILA, Plaintiff, v. STACY TENZIE, NYC CORRECTIONAL OFFICER SHIELD NO. 1478, Defendant.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 7, 2021, in short, even when construing Avila's claims liberally, it is clear that she has not stated a claim that entitles her to relief. The Court therefore adopts the R&R in full, grants Defendant's motion to dismiss, and dismisses this case. Because the R&R gave the parties adequate warning, see R&R at 18, Plaintiff's failure to file any objections to the R&R precludes appellate review of this decision. See Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision.”). Because appellate review is precluded, 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, therefore, permission to proceed in forma pauperis for purposes of appeal is denied; accordingly, the case is closed.