Paulette v. Suffolk County 5th Precinct Police Department
Paulette v. Suffolk County 5th Precinct Police Department
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Salvatore J. Paulette, Plaintiff,
-v- 2:22-cv-2913 (NJC) (ARL) Detective Stephen Masciopinto, #1699,
Defendant.
MEMORANDUM AND ORDER NUSRAT J. CHOUDHURY, United States District Judge: On March 4, 2024, Plaintiff Salvatore J. Paulette (“Plaintiff”), filed a Motion to Amend the Complaint. (ECF No. 52.) On November 12, 2024, Magistrate Judge Arlene R. Lindsay issued a Report and Recommendation (the “R&R”) recommending that Plaintiff’s Motion to Amend be denied. (R&R, ECF No. 65.) Defendant served a copy of the R&R upon Plaintiff by certified mail to Plaintiff’s address of record at the Auburn Correctional Facility on November 12, 2024. (See Cert. Service, ECF No. 67.) The R&R instructed that any objections to the R&R must be submitted in writing to the Clerk of Court within fourteen (14) days of service, i.e., by November 26, 2024. (R&R at 6.) The date for filing any objections has thus expired, and no party has filed an objection to the R&R. In reviewing a report and recommendation, 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). If no objections are filed, a district court reviews a report and recommendation for clear error. King v. Paradise Auto Sales I, Inc., No. 15-cv-1188,
2016 WL 4595991, at *1 (E.D.N.Y. Sept. 2, 2016) (citation omitted); Covey v. Simonton,
481 F. Supp. 2d 224, 226(E.D.N.Y. 2007). As no party has filed timely objections to the R&R, I review the R&R for clear error. Having conducted a review of the Motion, the R&R, and the applicable law, I find no clear error and adopt the thorough and well-reasoned R&R in its entirety. Accordingly, I deny Plaintiff’s Motion to Amend the Complaint (ECF No. 52).
Dated: Central Islip, New York January 2, 2025
/s/ Nusrat J. Choudhury NUSRAT J. CHOUDHURY United States District Judge
Reference
- Status
- Unknown