Case Information
*1 UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
FRITZ JOSEPH ORZELEK,
Plaintiff, -against- 3:17-CV-1153 (LEK/DEP) ELIZABETH M. CAMP, et al. ,
Defendants. ORDER
This matter comes before the Court following a report-recommendation filed on November 28, 2017, by the Honorable David E. Peebles, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 24 (“Report-Recommendation”).
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 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); see also Machicote v. Ercole, No. 06-CV-13320, 2011 WL 3809920, at *2 (S.D.N.Y. Aug. 25, 2011) (“[E]ven a pro se party’s objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate’s proposal, such that no party be allowed a second bite at the apple by simply relitigating a prior argument.”). “A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” § 636(b).
No objections were filed in the allotted time period. Docket. Thus, the Court has reviewed the Report-Recommendation for clear error and has found none.
Accordingly, it is hereby:
ORDERED , that the Report-Recommendation (Dkt. No. 5) is APPROVED and ADOPTED in its entirety ; and it is further
ORDERED , that Plaintiff’s motion for leave to proceed in forma pauperis (Dkt. No. 2) is GRANTED ; and it is further
ORDERED , that Plaintiff’s complaint (Dkt. No. 1) is DISMISSED with leave to replead within thirty days of the filing date of this Order; and it is further
ORDERED , that, if Plaintiff does not file an amended complaint within thirty days of the filing date of this Order, the Clerk shall enter judgment dismissing this action without further order; and it is further
ORDERED , that the Clerk of the Court serve a copy of this Order on Plaintiff in accordance with the Local Rules.
IT IS SO ORDERED.
DATED: January 03, 2018
Albany, New York 2