Opinion
Case No. 16-12561
11-06-2017
U.S. MAGISTRATE JUDGE MONA K. MAJZOUB
ORDER ADOPTING REPORT AND RECOMMENDATION [25]; GRANTING MOTION TO QUASH [18]; DENYING AS MOOT MOTION TO SUBSTITUTE [20]; DENYING AS MOOT MOTION FOR RELIEF FROM JUDGMENT [21]
Plaintiffs filed this pro se civil rights action pursuant to 42 U.S.C. § 1983, alleging violations of their Fourth and Fourteenth Amendment rights. The Court referred all pretrial matters to the Magistrate Judge on March 21, 2017.
On October 17, 2017, the Magistrate Judge issued a Report and Recommendation [25] advising the Court to dismiss the claims of Plaintiffs Lyons-Bey and Willis pursuant to 29 U.S.C. § 1915A; grant the Motion to Quash [18] filed by non-parties Greg Morabito and Utica Police Department; deny as moot Plaintiff Lyons-Bey's Motion to Substitute [20]; and deny as moot Plaintiff Lyons-Bey's Motion for Relief from Judgment [21]. Neither party filed objections to the R&R. Fed. R. Civ. P. 72(b)(2).
The Court having reviewed the record, the Report and Recommendation [25] is hereby ADOPTED and entered as the findings and conclusions of the Court. Accordingly,
IT IS ORDERED that the claims of Plaintiffs Lyons-Bey and Willis are DISMISSED pursuant to 28 U.S.C. § 1915A.
IT IS FURTHER ORDERED that the Motion to Quash [18] filed by non-parties Greg Morabito and Utica Police Department is GRANTED.
IT IS FURTHER ORDERED that Plaintiff Lyons-Bey's Motion to Substitute [20] is DENIED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff Lyons-Bey's Motion for Relief from Judgment [21] is DENIED AS MOOT.
SO ORDERED.
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge Dated: November 6, 2017