Sheffer v. Fleury et al, No. 9:2018cv01180 - Document 75 (N.D.N.Y 2020)

Court Description: DECISION AND ORDER: It is hereby ORDERED, that the Report-Recommendation (Dkt. No. 71 ) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Sullivan's Motion to Dismiss (Dkt. No. 64 ) is GRANTED; and it is further ORDERED, that the Clerk TERMINATE Sullivan as a defendant in this action; and itis further ORDERED, that the Clerk serve a copy of this Decision and Order on all parties in accordance with the Local Rules. Signed by Senior Judge Lawrence E. Kahn on 6/4/2020. (Copy served via regular mail)(meb)

Download PDF
Sheffer v. Fleury et al Doc. 75 Case 9:18-cv-01180-LEK-DJS Document 75 Filed 06/04/20 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JOSHUA SHEFFER, Plaintiff, -against- 9:18-CV-1180 (LEK/DJS) C.O. FLEURY, et al., Defendants. DECISION AND ORDER I. INTRODUCTION This matter comes before the Court following a Report-Recommendation and Order filed on February 12, 2020 by the Honorable Daniel J. Stewart, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3, Dkt. No. 71 (“Report-Recommendation”), concerning a motion to dismiss filed by Policy and Complaint Review Chairperson for the New York State Commission of Correction Frances Sullivan, Dkt. No. 64 (“Motion to Dismiss”). II. STANDARD 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.” § 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 Dockets.Justia.com Case 9:18-cv-01180-LEK-DJS Document 75 Filed 06/04/20 Page 2 of 2 1121353, at *1 (N.D.N.Y. Mar. 18, 2013); Farid v. Bouey, 554 F. Supp. 2d 301, 306–07, 306 n.2 (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)). III. DISCUSSION No objections were filed. Docket. Consequently, the Court has reviewed the Report-Recommendation for clear error and has found none. The Court therefore adopts the Report-Recommendation in its entirety. IV. CONCLUSION Accordingly, it is hereby: ORDERED, that the Report-Recommendation (Dkt. No. 71) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Sullivan’s Motion to Dismiss (Dkt. No. 64) is GRANTED; and it is further ORDERED, that the Clerk TERMINATE Sullivan as a defendant in this action; and it is further ORDERED, that the Clerk serve a copy of this Decision and Order on all parties in accordance with the Local Rules. IT IS SO ORDERED. DATED: June 04, 2020 Albany, New York 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.