Opinion
14-CV-7448 (CBA) (LB)
11-02-2017
COLONEL MAURICE MAYNARD MEYERS, Plaintiff, v. THE HEALTH AND HOSPITAL CORPORATION, d/b/a KINGS COUNTY HOSPITAL CENTER; CITY OF NEW YORK; STATE OF NEW YORK; UNITED STATES OF AMERICA; ANN MARIE T. SULLIVAN, in her official capacity as Commissioner of the New York State Office of Mental Health; and WILLIAM BRATTON, in his official capacity as Commissioner of the New York Police Department, Defendants.
NOT FOR PUBLICATION
ORDER AMON, United States District Judge :
The Court has received the Report and Recommendation ("R&R") of the Honorable Lois Bloom, United States Magistrate Judge ("Magistrate Judge Bloom"), for the instant action filed by Plaintiff Colonel Maurice Maynard Meyers. The only claims remaining in the case are Plaintiff's constitutional challenges against Defendants City of New York, Ann Marie T. Sullivan, and William Bratton. (See D.E. # 43.) The Court referred motions to dismiss filed by the three Defendants, (D.E. dated Mar. 20, 2017), and on August 23, 2017, Magistrate Judge Bloom recommended in her R&R that the Court grant the motions and dismiss the remaining claims, (D.E. # 92).
No party has objected to the R&R, and the time for doing so has passed. When deciding whether the adopt an R&R, the Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). To accept those portions of the R&R "to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund, L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (quoting Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)).
Having reviewed Magistrate Judge Bloom's thorough and careful R&R and the records in the action, the Court finds no clear error and adopts the R&R as the opinion of the Court. Accordingly, the Court GRANTS the motion to dismiss by Defendants City of New York, Ann Marie T. Sullivan, and William Bratton, and the Court dismisses the claims against them.
Pursuant to 28 U.S.C. § 1915(a)(3), the Court DENIES in forma pauperis status for any appeal of this Order adopting Magistrate Judge Bloom's R&R, because the Court CERTIFIES that any such appeal would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
The Clerk of Court is directed to close this case.
SO ORDERED. Dated: November 2, 2017
Brooklyn, New York
s/Carol Bagley Amon
Carol Bagley Amon
United States District Judge