Opinion
1:20-CV-0764 (LEK/CFH)
04-14-2021
SHAKIEM JOHNSON Plaintiff, v. MICHAEL J. FARGIONE, et al., Defendants.
DECISION AND ORDER
I. INTRODUCTION
Pro se plaintiff Shakiem Johnson filed a 42 U.S.C. § 1983 action against Detective Michael J. Fargione, Detective Jason J. Kelleu, Officer Abrams, Officer Regan, Officer Gorleski, and Officer Plante. Dkt. No. 1 ("Complaint"). On February 17, 2021, the Honorable Christian F. Hummel, United States Magistrate Judge, recommended that Plaintiff's Complaint be dismissed with prejudice. Dkt. No. 13 ("Report-Recommendation"). For the reasons that follow, the Court adopts the Report-Recommendation in its entirety.
II. BACKGROUND
The facts are detailed in the Report-Recommendation, familiarity with which is assumed. See R. & R. at 4-5.
III. STANDARDS OF REVIEW
Within fourteen days after a party has been served with a copy of a magistrate judge's report-recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations." Fed. R. Civ. P. 72(b); L.R. 72.1(c). If objections are timely filed, a court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). However, if no objections are made, or if an objection is general, conclusory, perfunctory, or a mere reiteration of an argument made to the magistrate judge, a district court need review that aspect of a report-recommendation only for clear error. Barnes v. Prack, No. 11-CV-857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18, 2013); Farid v. Bouey, 554 F. Supp. 2d 301, 306-07 (N.D.N.Y. 2008), abrogated on other grounds by Widomski v. State Univ. of N.Y. at Orange, 748 F.3d 471 (2d Cir. 2014). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." § 636(b).
IV. DISCUSSION
Plaintiff did not file objections to the Report-Recommendation. See Docket. Consequently, the Court reviews the Report-Recommendation for clear error and finds none. Therefore, the Court adopts the Report-Recommendation in its entirety.
V. CONCLUSION
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and ADOPTED in its entirety; and it is further
ORDERED, that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED with prejudice; and it is further
ORDERED, that the Clerk serve a copy of this Decision and Order on the parties in accordance with the Local Rules.
IT IS SO ORDERED. DATED: April 14, 2021
Albany, New York
/s/_________
Lawrence E. Kahn
U.S. District Judge