D'Attore v. City of New York

Full title: GAETANO D'ATTORE, Plaintiff, v. CITY OF NEW YORK, et al., Defendants

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

Date published: Dec 16, 2010

10 Civ. 1782 (JSR) (S.D.N.Y. Dec. 16, 2010)

Opinion

10 Civ. 1782 (JSR).

December 16, 2010

ORDER

JED RAKOFF, District Judge

On November 23, 2010, the Honorable Michael H. Dolinger, United States Magistrate Judge, issued a Report and Recommendation ("Report") in the above-captioned matter recommending that the Court dismiss the complaint as against defendant Spencer, with prejudice.

Neither party has filed any objection to the Report, and, for that reason alone, the parties have waived any right to further appellate review. See Thomas v. Arn, 474 U.S. 140, 147-48 (1985);Mario v. P C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002); Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). Accordingly, the Court hereby adopts the Report, and, for the reasons stated therein, dismisses the complaint as against defendant Spencer, with prejudice.

SO ORDERED.

Dated: New York, NY

December 15, 2010