Kendricks v. Westhab, Inc.

Full title: MAVERICK KENDRICKS, Plaintiff, v. WESTHAB, INC., Defendant

Court: United States District Court, S.D. New York

Date published: Sep 28, 2001

98 Civ. 158 (VM) (S.D.N.Y. Sep. 28, 2001)

Opinion

98 Civ. 158 (VM)

September 28, 2001

ORDER

Victor Marrero, United States District Judge.

Defendant Westhab, Inc. ("Westhab") moved to dismiss the amended complaint of plaintiff Maverick Kendricks ("Kendricks") for failure to state a claim. Magistrate Judge Ronald L. Ellis issued a Report and Recommendation, dated August 30, 2001 (the "Report"), recommending that the motion be granted and the amended complaint be dismissed. The Report is incorporated and attached hereto as Exhibit A. Kendricks has interposed no objection to the Report.

The Court has considered the disability and retaliation claims raised by Kendricks in his amended pleading and Magistrate Judge Ellis's analysis and conclusions with respect to each of them. In examining the record and the law pertinent to these two claims, the Court concludes that the principles and authorities relied upon by Magistrate Judge Ellis in recommending dismissal of the amended complaint are controlling and sufficient to dispose of both of Kendricks's claims. Therefore, the Court accepts and adopts the Report in its entirety.

For the foregoing reasons, it is hereby

ORDERED that the motion to dismiss is granted.

The Clerk of Court is directed to close this case.

SO ORDERED.