Opinion
3:19-cv-318 (GLS/ML)
10-30-2019
RONNIE GUARNIERI, Plaintiff, v. ERIC KELLEY et al., Defendants.
ORDER
On April 4, 2019, Magistrate Judge David E. Peebles issued an Order, Report, and Recommendation (R&R), which recommends that plaintiff pro se Ronnie Guarnieri's complaint, (Compl., Dkt. No. 1), be dismissed, with leave to replead. (Dkt. No. 10.) Pending before the court are Guarnieri's objections to the R&R. (Dkt. No. 15.) For the reasons that follow, the R&R is adopted in its entirety.
Guarnieri has submitted a document labeled "Answer to Court Recommendation." (Dkt. No. 15.) In an abundance of caution and due to the liberality with which pro se actions are to be treated, the court construes Guarnieri's submission as objections to the R&R. --------
When a report and recommendation is filed, the parties have fourteen (14) days from receipt of the report to file specific, written objections to proposed findings and recommendations. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2); N.D.N.Y. L.R. 72.1(c). Guarnieri's objections were due on or before April 22, 2019, however, he did not object until May 7, 2019, (Dkt. No. 15), making his objections untimely. Nevertheless, in light of Guarnieri's pro se status, the court has considered his untimely objections for clear error. See Almonte v. N.Y. State Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at *5 (N.D.N.Y. Jan. 18, 2006). The court, having carefully reviewed the record, finds no clear error in the R&R and adopts it in its entirety.
Accordingly, it is hereby
ORDERED that the Order, Report, and Recommendation (Dkt. No. 10) is ADOPTED in its entirety; and it is further
ORDERED that Guarnieri's complaint (Compl.) is DISMISSED, with leave to replead within thirty days of the date of this Order; and it is further
ORDERED that, if Guarnieri files a timely amended complaint, the Clerk shall forward it to the Magistrate Judge for review; and it is further
ORDERED that, if Guarnieri fails to file an amended complaint within the time allotted, the Clerk shall enter judgment dismissing this action without further order of the court; and it is further
ORDERED that the Clerk provide a copy of this Order to Guarnieri.
IT IS SO ORDERED.
October 30, 2019
Albany, New York
/s/_________
Gary L. Sharpe
U.S. District Judge