Sloley v. Lebow et al, No. 1:2017cv00068 - Document 47 (N.D.N.Y 2018)

Court Description: DECISION & ORDER: The Report-Recommendation of Magistrate Judge Stewart, dkt. # 43 , is hereby ACCEPTED and ADOPTED and the Answer of Defendant Lebow & Associates, dkt. # 33 , is hereby STRICKEN. The Answer filed by Defendant Lebow, individually, remains. The Clerk of Court is hereby DIRECTED to enter default on the part of Defendant Lebow & Associates. Signed by Senior Judge Thomas J. McAvoy on 12/12/2018. (Copy served on pro se plaintiff and defendant via regular mail)(meb)

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Sloley v. Lebow et al Doc. 47 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ MAXMILLIAN SLOLEY, Plaintiff, vs. 1:17-CV-068 (TJM/DJS) JAMES LEBOW and LEBOW & ASSOCIATES, PLLC, Defendants. ___________________________________________ Thomas J. McAvoy, Sr. U.S. District Judge DECISION & ORDER The Court referred this legal malpractice action, which arises from Defendants’ representation of Plaintiff in a civil rights action in the Northern District of New York, to the Hon. Daniel J. Stewart, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). T he October 29, 2018, ReportRecommendation, dkt. # 43, recommends that the Court strike the Answer of Defendant Lebow & Associates and direct the Clerk of Court to enter default against that Defendant. No party objected to the Report-Recommendation, and the time for such objections has passed. After examining the record, this Court has determined that the ReportRecommendation is not subject to attack for plain error or manifest injustice and the Court will accept and adopt the Report-Recommendation. Accordingly, 1 Dockets.Justia.com The Report-Recommendation of Magistrate Judge Stewart, dkt. # 43, is hereby ACCEPTED and ADOPTED and the Answer of Defendant Lebow & Associates, dkt. # 33, is hereby STRICKEN. The Answer filed by Defendant Lebow, individually, remains. The Clerk of Court is hereby DIRECTED to enter default on the part of Defendant Lebow & Associates. IT IS SO ORDERED. Dated:December 12, 2018 2

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