Johnson v. Fargione

District Court, N.D. New York

Johnson v. Fargione

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK SHAKIEM JOHNSON Plaintiff, -against- 1:20-CV-0764 (LEK/CFH) 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. 2 DATED: April 14, 2021 Albany, New York

Lawrénee E. Kahn U.S. District Judge

Reference

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