Herbin v. New York City et al
| Reginald Herbin |
| NYPD Sgt. Maria Solano, New York City and Police Officer Sharon Palanco |
| 1:2011cv01554 |
| March 23, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| James Orenstein |
| Sandra L. Townes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
28
MEMORANDUM AND ORDER. Having reviewed the record in this case and finding no clear error, the Court adopts 18 the Report and Recommendation of Magistrate Judge Orenstein in its entirety pursuant to 28 U.S.C. sec. 636(b)(1) and dismisses the complaint. The Clerk of Court is respectfully directed to close the case. So Ordered by Judge Sandra L. Townes on 8/29/2011. C/M to plaintiff. (Manuel, Germaine)
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Filing
26
MEMORANDUM AND ORDER re 21 Letter -- In light of the circumstances described in the attached document, I again conclude that plaintiff Reginald Herbin has failed to take reasonable steps to vindicate his perceived rights. Accordingly, to th e extent the plaintiff's letter of July 21, 2011, is intended to request an additional 60 days to comply with earlier orders, I deny the request. To the extent the letter can be read as an implicit request for 60 additional days to object to the Report and Recommendation filed on June 24, 2011, I deny that request without prejudice to the plaintiff's right to ask the assigned district judge to extend the deadline for doing so on the basis of a showing that he failed to file a timely ob jection due to excusable neglect. See Fed. R. Civ. P. 6(b)(1)(B). To the extent the plaintiff's letter was interpreted to serve as an objection to the pending Report and Recommendation, I lack the authority to act on the request. On that matter, I therefore defer to the assigned district judge, who can determine whether to allow the belated objection (and the defendants' procedural and substantive responses to it) in reviewing the Report and Recommendation that remains pending. I direct the City's counsel promptly to provide the plaintiff with a copy of the attached Memorandum and Order. SEE ATTACHED MEMORANDUM AND ORDER. Ordered by Magistrate Judge James Orenstein on 8/9/2011. (Lardo, Melissa)
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