Muhammad v. Newton ( 2022 )

ere □□□ ! □ ENEOAT EY bop □□□ | UNITED STATES DISTRICT COURT eee 21 □□ | SOUTHERN DISTRICT OF NEW YORK Nf ([2.022 □ panne nen cee nee eee eee □□□ X □□ ISAIAH MUHAMMAD, Plaintiff, 20 CIVIL 8343 (VEC) -against- JUDGMENT C.O. NEWTON, et al., Defendant. nee ene nee nee eee eee eX It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 14, 2022, the R&R is adopted in full, Defendants’ motion to dismiss is GRANTED, and Plaintiff's complaint is DISMISSED without prejudice. Because the R&R gave the parties adequate warning, see R&R, Dkt. 28 at 12, the failure to file any objections to the R&R precludes appellate review of this decision. See Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrates decision."). Because appellate review is precluded, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the Order would not be taken in good faith, and, therefore, permission to proceed in forma pauperis for purposes of appeal is denied; accordingly, the case is closed. Dated: New York, New York April 21, 2022 RUBY J. KRAJICK Clerk of Court BY: . KA) TAG © Deputy Cle