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Abrams v. Sears Roebuck and Co.

United States District Court, N.D. New York

February 24, 2014

OMAR ABRAMS, Plaintiff,
v.
SEARS ROEBUCK AND CO., Defendant.

OMAR ABRAMS, Plaintiff, Pro Se, Utica, New York,

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court, in the above-captioned pro se civil rights action filed by Omar Abrams ("Plaintiff"), is United States Magistrate Therèse Wiley Dancks' Report-Recommendation recommending Plaintiff's Amended Complaint be dismissed, without further leave to amend. (Dkt. No. 11.)

Plaintiff has not filed an objection to the Report-Recommendation, and the deadline in which to do so has expired. ( See generally Docket Sheet.)

When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a clear error review. Fed.R.Civ.P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a "clear error" review, "the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Id .; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1. (S.D.N.Y. July 31, 1995) (Sotomayor, J.) ("I am permitted to adopt those sections of [a magistrate judge's] report to which no specific objection is made, so long as those sections are not facially erroneous.") (internal quotation marks and citations omitted).

Here, based on a careful review of this matter, the Court can find no error with Magistrate Judge Dancks' Report-Recommendation, clear or otherwise. (Dkt. No. 11.) Magistrate Judge Dancks employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. ( Id. ) As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons stated therein. ACCORDINGLY, it is

ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 11) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that Plaintiff's Amended Complaint (Dkt. No. 8) is DISMISSED without further leave to amend.


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