Meyer v. New York Department of Corrections & Community Supervision
Meyer v. New York Department of Corrections & Community Supervision
Trial Court Opinion
EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------------X For Online Publication Only SCOTT MEYER,
Plaintiff, ORDER 20-CV-6086 (JMA) (LGD) -against- FILED
CLERK NEW YORK STATE DEPARTMENT OF 10:49 am, Jun 26, 2023 CORRECTIONS AND COMMUNITY SUPERVISION and COMMISSIONER U.S. DISTRICT COURT ANTHONY ANNUCCI, EASTERN DISTRICT OF NEW YORK LONG ISLAND OFFICE
Defendants. ----------------------------------------------------------------------X AZRACK, United States District Judge: Currently pending before the Court is the motion of Defendants New York State Department of Corrections and Community Supervision and Commissioner Anthony Annucci (“Defendants”) to dismiss Plaintiff Scott Meyer’s (“Plaintiff”) amended complaint. (ECF No. 23- 5.) In a Report and Recommendation issued on June 9, 2023, the Honorable Magistrate Judge Lee G. Dunst recommended that Defendants’ motion to dismiss be granted in full. (ECF No. 27 (“R&R”).) In reviewing a magistrate judge’s report and recommendation, a court must “make a de novo determination of those portions of the report or…recommendations to which objection[s] [are] made.”
28 U.S.C. § 636(b)(1)(C); see also United States ex rel. Coyne v. Amgen, Inc.,
243 F. Supp. 3d 295, 297(E.D.N.Y.), aff’d sub nom. Coyne v. Amgen, Inc.,
717 F. App’x 26(2d Cir. 2017). 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)(C). Those portions of a report and recommendation to which there is no specific reasoned objection are reviewed for clear error. See Pall Corp. v. Entegris, Inc.,
249 F.R.D. 48, 51(E.D.N.Y. 2008). objections has passed. I have reviewed the R&R for clear error, and finding none, I adopt the R&R
in its entirety as the opinion of this Court. Accordingly, Defendants’ motion to dismiss Plaintiff’s amended complaint is granted and Plaintiff’s amended complaint is dismissed with prejudice. The Clerk of the Court is respectfully requested to close the case.
SO ORDERED. Dated: June 26, 2023 Central Islip, New York
/s/ (JMA) JOAN M. AZRACK UNITED STATES DISTRICT JUDGE
Reference
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