Gjidija v. United States Of America et al
| Naim Gjidija |
| United States Of America, Federal Bureau of Prisons, U.S. Department Of Justice, Department of Homeland Security ("DHS"), Immigration and Customs Enforcement, Attorney General Jeff Sessions, Warden in Charge of USP McCreary, Secretary of the DHS, Deputy Director Thomas D. Homan of DHS, John Doe 1, John Doe 2, John Doe 3 and John Doe 4 |
| 1:2018cv00259 |
| January 11, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| Other Statutory Actions |
| 28 U.S.C. ยง 1346 |
| None |
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Filing
50
ORDER for 27 Motion to Dismiss, filed by U.S. Department Of Justice, Deputy Director Thomas D. Homan of DHS, Federal Bureau of Prisons, Department of Homeland Security ("DHS"), Immigration and Customs Enforcement, Warden i n Charge of USP McCreary, United States Of America, Secretary of the DHS, Attorney General Jeff Sessions, 45 Report and Recommendations. Defendants' motion to dismiss the complaint [DI 27] is granted, substantially for the reasons sta ted in the thorough and able report and recommendation of Magistrate Judge Ona T. Wang. Plaintiffs objections are without merit and overruled. The Clerk shall enter judgment and close the case. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/17/2019) (rro) Transmission to Orders and Judgments Clerk for processing.
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Filing
45
REPORT & RECOMMENDATION re: 27 MOTION to Dismiss filed by U.S. Department Of Justice, Deputy Director Thomas D. Homan of DHS, Federal Bureau of Prisons, Department of Homeland Security ("DHS"), Immigration and Cus toms Enforcement, Warden in Charge of USP McCreary, United States Of America, Secretary of the DHS, Attorney General Jeff Sessions. For the foregoing reasons, I respectfully recommend that Defendants' Motion to Dismiss Plaintiffs Compla int be GRANTED. In accordance with 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b), the parties shall have fourteen (14) days (including weekends and holidays) from receipt of this Report to file written objections. See also FED. R. CIV. P. 6 (allowing three (3) additional days for service by mail). A party may respond to any objections within fourteen (14) days after being served. Such objections, and any responses to objections, shall be filed with the Clerk of Court, Pro Se Intake Un it, United States Courthouse, 500 Pearl Street, Room 200, New York, New York 10007. Any requests for an extension of time for filing objections must be directed to Judge Kaplan. FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. (See Thomas v. Arn, 474 U.S. 140, 155 (1985); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 58 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 23738 (2d Cir. 1983)). The Clerk of Court is directed to mail a copy of this Report and Recommendation to Plaintiff. (Objections to R&R due by 7/10/2019.) (Signed by Magistrate Judge Ona T. Wang on 6/26/2019) (rro) Transmission to Docket Assistant Clerk for processing.
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