Opinion
21 Civ. 8985 (AT) (SLC)
12-28-2022
WILLIAM DANIELS, Plaintiff, v. NYC/DOC/VCBC WARDEN CARTER; NYC/DOC/VCBC CAPTAIN GUERRA; 3-AA HOUSING UNIT CAPTAIN; NYC/DOC/VCBC CAPTAIN JERMAINE SLACK INTAKE; NYC/DOC/VCBC INTAKE CAPTAIN CARLO CIQUEROS; SUPERVISING CAPTAIN; NYC/DOC/VCBC CAPTAIN HORTON, Defendants.
ORDER
ANALISA TORRES, District Judge:
On November 1, 2021, the Honorable Laura Taylor Swain severed the claims of all plaintiffs in Michael J. Lee et al. v. Warden Carter et al., No. 21 Civ. 8629. ECF No. 1. Accordingly, Plaintiff William Daniels's claims were severed and a new civil action, the abovecaptioned case, was opened. On December 6, 2021, Plaintiff's case was assigned to the undersigned. Dkt. Entry 12/6/2021. On February 17, 2022, Plaintiff filed an amended complaint alleging claims under 42 U.S.C. § 1983. ECF No. 16. On March 7, 2022, Defendants filed a motion to dismiss the amended complaint. ECF No. 19. On March 10, 2022, the Court referred the motion to the Honorable Sarah L. Cave for a Report and Recommendation (the “R&R”). ECF No. 24.
On November 22, 2022, Judge Cave issued an R&R recommending that Defendants' motion be granted, and that Plaintiff's claims be dismissed with prejudice. ECF No. 28 at 22. Despite notification of the right to object to the R&R, no objections were filed, and the time to do so has passed. See Fed.R.Civ.P. 72(b)(2). Having received no objections to the R&R, the Court reviewed the R&R for clear error and found none. Oquendo v. Colvin, No. 12 Civ. 4527, 2014 WL 4160222, at *2 (S.D.N.Y. Aug. 19, 2014).
The Court, therefore, ADOPTS the R&R in its entirety. Accordingly, Defendants' motion to dismiss is GRANTED. Plaintiffs' claims are DISMISSED with prejudice.
The Clerk of Court is directed to terminate the motion at ECF No. 19, mail a copy of this order to Plaintiff pro se, and close the case.
SO ORDERED.