Summary
finding exhaustion because IGRP has no procedure for appealing a favorable decision
Summary of this case from Smith v. NYC Dep't of Corr.Opinion
07 Civ. 2076 (JSR).
March 23, 2009
ORDER
On October 21, 2008, the Honorable Kevin Nathaniel Fox, United States Magistrate Judge, issued a Report and Recommendation ("Report") in the above-captioned matter recommending that the Court deny the defendants' motion for judgment on the pleadings.
Neither party has filed any objection to the Report, and, for that reason alone, the parties have waived any right to further appellate review. See Thomas v. Arn, 474 U.S. 140, 147-48 (1985);Mario v. P C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002); Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). Accordingly, the Court hereby adopts the Report, and, for the reasons stated therein, denies the motion for judgment on the pleadings.
SO ORDERED.