Lee v. Corneil

• Court: District Court, S.D. New York
• Decided: September 27, 2019
• Docket: 1:13-cv-08359
• Status: Unknown

Opinion

DOCUMENT ELECTRONICALLY FILED DOC#: UNITED STATES DISTRICT COURT DATE FILED: AZ i SOUTHERN DISTRICT OF NEW YORK (i GREGORY LEE, : Plaintiff, : : 1:13-cv-08359 (ALC) -against- : : ORDER ADOPTING DET. ENRIQUE CORNEIL, individually and in: REPORT AND his official capacity as an employee, agent, officer: RECOMMENDATION and/or Detevtive of the Police Department of City : of New York, and SGT. JIMMY FREYRE, : #2218, individually and in his official capacity as : an Employee, Agent, Officer and/or Detective of x the Police Dept. of the City of New York, Defendants. ANDREW L. CARTER, JR., District Judge: Plaintiff Gregory Lee (“Plaintiff”), proceeding pro se, filed suit against Defendants Detective Enrique Corneil and Sargent Jimmy Freyre (collectively, the “Defendants’), alleging various violations of 24 U.S.C. § 1983 and state law claims.' See ECF No. 174. On November 16, 2019, Defendants filed a motion for summary judgment. The motion was subsequently referred to Magistrate Judge Debra C. Freeman for a report and recommendation. See ECF No. 246, On August 9, 2019, Judge Freeman filed a Report and Recommendation (the “Report”), recommending that Defendants’ motion be granted. See Report and Recommendation, ECF No. 251, The Report notified the parties of the right to object within 14 days from service. See id. at 28, ECF No, 251. However, no objections were filed. Where, as here, no objections are filed, the Court reviews the Report for clear error. Wilds vy. United Parcel Service, Inc., 262 F.Supp.2d

! As indicated in the Report, the Third Amended Complaint also named ADA John Buza as a Defendant. However, ADA Buza was dismissed from this action on March 31, 2016. See ECF No. 167.

163, 169-70 (S.D.N.Y. 2003); see Patterson v. Rock, 2012 WL 3245489, *1 (S.D.N.Y. Aug. 3, 2012); see also Graves v. Correctional Medical Service, 667 Fed.Appx. 18, 19 (2d Cir. 2016) (quoting United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997)) (In the Second Circuit, “failure to object timely to a magistrate judge’s report may operate as a waiver of any further judicial review of the decision, as long as the parties receive clear notice of the consequences of their failure to object.”). The Court finds no clear error in the record and adopts the well-reasoned conclusions in Judge Freeman’s Report in its entirety. Accordingly, Defendants’ motion for summary judgment is GRANTED. The Clerk of the Court is respectfully directed to dismiss this action with prejudice and enter judgment in favor of the Defendants.

SO ORDERED. Dated: September 27, 2019 / □ □□□□ New York, New York ANDREW L. CARTER, JR. United States District Judge