United States District Court, N.D. New York
LAFRANCIS GRAY-DAVIS, Syracuse, New York, Plaintiff, Pro Se.
JEFFREY DeROBERTS, ESQ., DeROBERTS LAW FIRM, Syracuse, New York, Counsel for Plaintiff, Myrell Davis.
DECISION and ORDER
GLENN T. SUDDABY, District Judge.
Currently before the Court, in this civil rights action filed by LaFrancis Gray-Davis and her minor son Myrell Davis ("Plaintiffs"), against the above-captioned entities and individuals ("Defendants") arising from two searches by police and the institution of special conditions by parole officers between December 2013 and April 2014, is the Report-Recommendation of United States Magistrate Therèse Wiley Dancks recommending that certain of Plaintiffs' claims be dismissed with prejudice, certain of the claims be dismissed without prejudice (and with leave to amend as authorized by the Court), and certain of the claims survive the Court's initial review of Plaintiffs' Complaint. (Dkt. No. 6.) Plaintiffs have 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 upon a review of this matter, the Court can find no clear error in Magistrate Judge Dancks' thorough Report-Recommendation. (Dkt. No. 6.) 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. 6) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that the following claims are DISMISSED with prejudice and without leave to amend:
(1) all claims against Defendant State of New York;
(2) all claims against Defendant Onondaga County Department of Corrections;
(3) all claims against Defendant Syracuse City Police Department;
(4) Plaintiffs' 42 U.S.C. § 1983 claims for money damages against Defendants Annucci, Stanford, Rigby, Gronau, Green, Maher, Delaney, Fregoe, ...