Summary
holding cell search and threat to issue incident report were not adverse, but actual placement in disciplinary confinement could be adverse
Summary of this case from Klein v. MHM Correctional Services, Inc.Opinion
08 Civ. 7778 (JSR).
September 1, 2009
ORDER
On April 22, 2009, the Honorable Henry Pitman, United States Magistrate Judge, issued a Report and Recommendation ("Report") in the above-captioned matter recommending that the Court grant the motion of defendants the Federal Defenders of New York, Inc. (the "Federal Defenders") and staff attorney Michael Weil to dismiss all claims against them pursuant to Fed.R.Civ.P. 12(b)(6).
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, grants the motion of Weil and the Federal Defenders in its entirety. The Clerk of the Court is directed to close entry number 6 on the docket for this case.
SO ORDERED.