Opinion

Livingston v. Roosevelt Union Free School District

Court
District Court, E.D. New York
Filed
Jun 8, 2022
Cited by
0 cases
Authority
More cited than 26.7%

The opinion

U.S. DISTRICT COURT

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

EASTERN DISTRICT OF NEW YORK LONG ISLAND OFFICE

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MINNIE LIVINGSTON,

Plaintiff,

-against- ORDER

17-cv-04189 (JMA) (JMW)

ROOSEVELT UNION FREE SCHOOL

DISTRICT,

Defendant.

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AZRACK, United States District Judge:

On February 1, 2022, Defendant Roosevelt Union Free School District filed a motion for

summary judgment. (ECF No. 52.) The motion had previously been referred to Magistrate Judge

Wicks for a Report and Recommendation. (Sept. 15, 2021 Order.) On May 16. 2022, Judge Wicks

issued a Report and Recommendation (“R&R”), which recommends that Defendant’s motion be

granted. (ECF No. 62.)

In reviewing a magistrate judge’s report and recommendation, the court must “make a de

novo determination of those portions of the report or . . . recommendations to which

objection[s][are] made.” 28 U.S.C. § 636(b)(1)(C); see also Brown v. Ebert, No. 05–CV–5579,

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2006 WL 3851152, at *2 (S.D.N.Y. Dec. 29, 2006). The court “may accept, reject, or modify, in

whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. §

636(b)(1)(C). Those portions of a report and recommendation to which there is no specific

reasoned objection are reviewed for clear error. See Pall Corp. v. Entegris, Inc., 249 F.R.D. 48,

51 (E.D.N.Y. 2008).

To date, no objections have been filed to the R&R and the deadline for filing any such

objections has passed.

I have reviewed Judge Wick’s R&R for clear error, and finding none, I adopt the R&R in

its entirety as the opinion of this Court. Accordingly, Defendant’s motion for summary judgment

is GRANTED and Plaintiff’s Complaint is DISMISSED, in its entirety, with prejudice. The Clerk

of Court is directed to close this case.

SO ORDERED.

Dated: June 8, 2022

Central Islip, New York

/s/ (JMA)

JOAN M. AZRACK

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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