Excellent v. New York City Police Department

Full title: DANIEL EXCELLENT, a/k/a Daniel Thomas, Petitioner, v. THE NEW YORK CITY…

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

Date published: Jan 16, 2009

05 Civ. 7655 (DAB) (S.D.N.Y. Jan. 16, 2009)

Opinion

05 Civ. 7655 (DAB).

January 16, 2009

ADOPTION OF REPORT AND RECOMMENDATION

DEBORAH BATTS, District Judge

This matter is before the Court upon the December 16, 2008 Report and Recommendation of United States Magistrate Judge Henry Pitman. No objections to said Report and Recommendation have been filed.

Having reviewed the Report and Recommendation and finding no clear error on the face of the record, See Rule 72, Fed.R.Civ.P., Notes of Advisory Committee on Rules (citing Campbell v. United States Dist. Court, 501 F.2d 196, 206 (9th Cir.), cert. denied, 419 U.S. 879 (1974)), it is hereby

ORDERED AND ADJUDGED as follows:

1. The Report and Recommendation of United States Magistrate Judge Henry Pitman dated December 16, 2008 be and the same hereby is approved, adopted, and ratified by the Court;

2. Defendant's motion for dismissal of the petition due to lack of subject matter jurisdiction is GRANTED and Plaintiff's petition shall be DISMISSED;

3. The Clerk of the Court is directed to dismiss the petition and close the docket in this matter.

SO ORDERED.