Opinion

Romano v. Brown

Court
District Court, W.D. New York
Filed
Jan 25, 2024
Cited by
0 cases
Authority
More cited than 27.9%

The opinion

SiMTES DISTRIC

UNITED STATES DISTRICT COURT (msm

WESTERN DISTRICT OF NEW YORK

JAN 2 5 2024

SSS TTS

ANTHONY ROMANO

Plaintiff,

v. 18-CV-302 (JLS) (MJR)

C.0. BROWN and

SGT. BOWER,

Defendants.

DECISION AND ORDER

Plaintiff Anthony Romano, a prisoner, commenced this action on March 1,

2018, alleging claims under 42 U.S.C. § 1988. Dkt. 1. He claims that, on April 19,

2017, he was subjected to excessive use of force in violation of his Eighth Amendment

rights. Jd. He filed an Amended Complaint on October 29, 2020, which is now the

operative complaint. Dkt. 21.! The case has been referred to United States

Magistrate Judge Michael J. Roemer for all proceedings under 28 U.S.C. §§

636(b)(1)(A), (B), and (C). Dkt. 24.

On April 8, 2028, Defendant Brown moved to dismiss for lack of prosecution.

Dkt. 65. Plaintiff thereafter filed various submissions, Dkt. 66, 68, 70, and Brown

replied. Dkt. 67. On November 28, 2023, Judge Roemer issued a Report and

Recommendation (“R&R”) recommending that Brown’s “motion be granted and that

the amended complaint be dismissed, without prejudice, for failure to prosecute.” Dkt.

1 Pursuant to this Court’s March 25, 2021 Decision and Order, only C.O. Brown and

Set. Bower remain as defendants. See Dkt. 23.

71. He further recommended that “dismissal for failure to prosecute should apply

equally to plaintiffs claims against Bower” such that “the entire amended complaint”

is “dismissed without prejudice.” Jd. at 14n.8. On December 26, 20238, Plaintiff

objected to the R&R. Dkt. 72. Brown opposed the objections, Dkt. 74, and Plaintiff

replied. Dkt. 75.

A district court may accept, reject, or modify the findings or recommendations of

a magistrate judge. 28 U.S.C. § 686(b)(1); Fed. R. Civ. P. 72(b)(3). A district court

must conduct a de novo review of those portions of a magistrate judge’s

recommendation to which a party objects. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ.

P. 72(b)(3). But neither 28 U.S.C. § 636 nor Federal Rule of Civil Procedure 72

requires a district court to review the recommendation of a magistrate judge to which

no objections are raised. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985),

This Court carefully reviewed the R&R, the objections briefing, and the relevant

record. Based on its de novo review, the Court accepts and adopts Judge Romer’s

recommendation. For the reasons stated above and in the R&R, this Court GRANTS

the [65] motion. The Amended Complaint is dismissed, without prejudice, for failure

to prosecute. The Clerk of Court is directed to close the case.

SO ORDERED.

Dated: January 25, 2024

Buffalo, New York 4

UNI D 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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