Ripley v. City of Olean, New York, No. 1:2018cv00941 - Document 10 (W.D.N.Y. 2019)
Court Description: DECISION AND ORDER adopting Judge McCarthy's Report and Recommendation, Docket Item 9 , granting the defendant's motion to dismiss, Docket Item 3 . The Clerk of Court shall close the file. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 9/13/2019. Chambers mails a copy of decision and order to pro se plaintiff on 9/13/2019. (LCH)-CLERK TO FOLLOW UP-
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Ripley v. City of Olean, New York Doc. 10 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK DOROTHY FRANCIS RIPLEY, Plaintiff, v. 18-CV-941 DECISION AND ORDER CITY OF OLEAN, NEW YORK, Defendant. On August 24, 2018, the pro se plaintiff, Dorothy Francis Ripley, commenced this action. Docket Item 1. On October 25, 2018, the defendant moved to dismiss. Docket Item 3. On October 26, 2018, this Court referred this case to United States Magistrate Judge Jeremiah J. McCarthy for all proceedings under 28 U.S.C. § 636(b)(1)(A) and (B). Docket Item 4. On November 26, 2018, Ripley responded to the defendant’s motion to dismiss, Docket Item 6; and on December 7, 2018, the defendant replied, Docket Item 8. On January 14, 2019, Judge McCarthy issued a Report and Recommendation ("R&R") finding that the defendant's motion should be granted. Docket Item 9. The parties did not object to the R&R, and the time to do so now has expired. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). A district court may accept, reject, or modify the findings or recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). A district court must conduct a de novo review of those portions of a magistrate judge’s recommendation to which a party objects. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). But neither 28 U.S.C. § 636 nor Federal Rule of Civil Procedure 72 Dockets.Justia.com requires a district court to review the recommendation of a magistrate judge to which no objections are raised. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985). Although not required to do so in light of the above, this Court nevertheless has reviewed Judge McCarthy's R&R as well as the parties’ submissions to him. Based on that review and the absence of any objections, the Court accepts and adopts Judge McCarthy's recommendation to grant the defendant's motion to dismiss. For the reasons stated above and in the R&R, the defendant's motion to dismiss, Docket Item 3, is GRANTED; the complaint, Docket Item 1, is dismissed; and the Clerk of the Court shall close the file. SO ORDERED. Dated: September 13, 2019 Buffalo, New York s/ Lawrence J. Vilardo LAWRENCE J. VILARDO UNITED STATES DISTRICT JUDGE 2
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