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Case 9:12-cv-00094-LEK-TWD Document 28 Filed 07/10/13 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

ARNOLD McKELVEY,

Plaintiff,

-against-

9:12-CV-0094 (LEK/TWD)

BRIAN FISCHER, Commissioner; and
MR. BARBINI, Hearing Officer,

___________________________________

Defendants.

ORDER

This matter comes before the Court following a Report-Recommendation filed on June 12,

2013, by the Honorable Thérèse Wiley Dancks, U.S. Magistrate Judge, pursuant to 28 U.S.C.

§ 636(b) and Northern District of New York Local Rule 72.3(d). Dkt. No. 29 (“Report-

Recommendation”).

Within fourteen days after a party has been served with a copy of a magistrate judge’s report-

recommendation, the party “may serve and file specific, written objections to the proposed findings

and recommendations.” FED. R. CIV. P. 72(b); L.R. 72.1(c). “If no objections are filed

. . . reviewing courts should review a report and recommendation for clear error.” Edwards v.

Fischer, 414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006); see also Cephas v. Nash, 328 F.3d 98, 107

(2d Cir. 2003) (“As a rule, a party’s failure to object to any purported error or omission in a

magistrate judge’s report waives further judicial review of the point.”); Farid v. Bouey, 554 F. Supp.

2d 301, 306 (N.D.N.Y. 2008).

No objections to the Report-Recommendation were filed in the allotted time period. See

generally Dkt. After a thorough review of the Report-Recommendation and the record, the Court

Case 9:12-cv-00094-LEK-TWD Document 28 Filed 07/10/13 Page 2 of 2

has determined that the Report-Recommendation is not clearly erroneous or manifestly unjust.

Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 27) is APPROVED and

ADOPTED in its entirety; and it is further

ORDERED, that Defendants’ Motion (Dkt. No. 24) for summary judgment is GRANTED,

and it is further

ORDERED, that Plaintiff’s Amended Complaint (Dkt. No. 13) is DISMISSED; and it is

further

ORDERED, that the Clerk of the Court provide Plaintiff with copies of all unpublished

decisions cited in the Report-Recommendation (Dkt. No. 27); and it is further

ORDERED, that the Clerk of the Court serve a copy of this Order on all parties.

IT IS SO ORDERED.

DATED:

July 10, 2013
Albany, New York

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