Opinion
00 Civ. 0149 (LTS)(HBP)
July 19, 2001.
The Court has reviewed Magistrate Judge Pitman's Report and Recommendation dated March 2, 2001 (the "Report") which recommends that the Court grant in part and deny in part defendants' motion to dismiss the complaint. There have been no objections made to the Report.
In reviewing a report and recommendation the Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636 (b)(1)(C). The Court reviews the magistrate judge's findings under the "clearly erroneous or contrary to law" standard when no objections have been made by either party.United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (court is required to conduct review de novo only to portions of the magistrate's recommendation to which a party has objected); St. Louis v. McClellan, No. 91-C4343, 1993 U.S. Dist. LEXIS 8850, at *3 (S.D.N.Y. June 30, 1993) (court adopts portions of report that are not "clearly erroneous").
Magistrate Judge Pitman's thoughtful and thorough opinion appropriately determines the motion. The Court has reviewed carefully the Report and has found no clear error. The Court adopts the Report and Recommendation for the reasons stated therein. Accordingly, defendants' motion to dismiss is granted in part and denied in part, as set forth in the following Report and Recommendation.
IT IS SO ORDERED.