Court of Appeals for the Second Circuit December 14, 2006, 410 (Douglas E. Wall v. Csx Transportation, Inc. And Consolidated Rail Corporation, Docket No. 05-4065-Cv)

TRAGER, District Judge.

Plaintiff-appellant, Douglas Wall (‘Wall”), appeals from a June 9, 2005 judgment of the United States District Court for the Southern District of New York (Daniels, J.),

Wall v. Consolidated Rail Corp.,

No. 02-7924, 2005 WL 1384024 (S.D.N.Y. June 9, 2005), adopting the March 31, 2005 Report and Recommendation (“Report”) of Magistrate Judge Michael H.