Opinion
No. 97 Civ. 6917 (LAK)
September 12, 2002
ORDER
On August 29, 2002, Magistrate Judge Pitman issued a report and recommendation on defendant Willie Parker's motion for summary judgment and defendant Eric Travis's motion to dismiss the complaint, in which he recommended that both motions be granted in all respects. Having considered plaintiff's objections, which are indecipherable in large part and otherwise utterly lacking in merit, the Court agrees with the magistrate judge's conclusions and rationale. In particular, the record demonstrates that the failure to serve Travis in person was the result of plaintiff's own failure to provide the United States Marshals Service with minimally sufficient information and instructions, not any fault on the part of the Marshals. This case therefore falls outside the purview of Romandette v. Weetabix Company, Inc., 807 F.2d 309, 311 (2d Cir. 1986), and fits nicely into Judge Haight's persuasive analysis in Rivera v. Warden of M.C.C., No. 95 Civ. 3779 (CSH), 2000 WL 769206, at *4-7 (S.D.N.Y. June 12, 2000). The motions are granted. The Clerk will close the case.
SO ORDERED.