Christian Javier Hawkins v. Frederick J. Akshar II and Cris Mogenson

Summary

The United States District Court for the Northern District of New York adopted a magistrate judge’s Report-Recommendation after finding no clear error and no objections were filed. The court granted defendants’ motion to dismiss, dismissed the plaintiff’s § 1983 complaint, directed entry of judgment, and closed the case.

Holdings

1. When no objections are filed within the applicable period, the district court reviews the magistrate judge's Report-Recommendation for clear error.
2. The Report-Recommendation was adopted after the court found no clear error, defendants' motion to dismiss for failure to state a claim was granted, and the complaint was dismissed.

Questions Presented

1. Whether the district court should review the unobjected-to Report-Recommendation for clear error.
2. Whether the Report-Recommendation should be adopted and defendants' Rule 12(b)(6) motion granted, resulting in dismissal of the complaint.

Disposition

dismissed