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Montanez v. Luna

United States District Court, N.D. New York

May 20, 2014

ISAAC MONTANEZ, Plaintiff,
v.
CHRISTIAN LUNA, Kitchen Manager; SHAWN REED, GM; DAMON NOBLE, Manager; and CLINT MALEK, Defendants.

ISAAC MONTANEZ, Pro Se, Albany, New York, Plaintiff,

DECISION AND ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court, in this pro se employment civil rights action filed by Isaac Montanez ("Plaintiff") against the four above-captioned individuals ("Defendants"), is United States Magistrate Randolph F. Treece's Report-Recommendation recommending Plaintiff's Complaint be dismissed unless he corrects the pleading defects in the Complaint. (Dkt. No. 4.) Plaintiff has not filed an Objection to the Report-Recommendation and the deadline in which to do so has expired. ( See generally Docket Sheet.)

After carefully considering the matter, the Court can find no clear error in Magistrate Judge Treece's Report-Recommendation. (Dkt. No. 4.)[1] Magistrate Judge Treece 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.

The Court would add only one brief point. In addition to the pleading defects identified by Magistrate Judge Treece, the Court bases its decision on the following pleading defects: (1) the failure to allege facts plausibly suggesting that he experienced any adverse employment action because of his race and/or national origin; and (2) the failure to allege facts plausibly suggesting that any Defendant treated him differently than similarly situated individuals. As a result, his Complaint must be, and shall be, dismissed unless corrected.

ACCORDINGLY, it is

ORDERED that Magistrate Judge Treece's Report-Recommendation (Dkt. No. 4) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that Plaintiff's Complaint (Dkt. No. 1) shall be sua sponte DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) unless, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an Amended Complaint that cures the pleading defects identified in the Report-Recommendation and this Decision and Order.


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