Smiley v. Golub Corporation, No. 1:2014cv00641 - Document 6 (N.D.N.Y 2015)

Court Description: DECISION & ORDER accepting and adopting Magistrate Judge Treece's # 5 Report and Recommendation in its entirety; and Plaintiff's complaint is dismissed. Signed by Judge Glenn T. Suddaby on 2/10/15. (lmw) (Copy served upon pro se plaintiff via regular and certified mail)

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Smiley v. Golub Corporation Doc. 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ GAELEN EDWARD SMILEY, Plaintiff, 1:14-CV-0641 (GTS/RFT) v. GOLUB CORPORATION, Defendant. __________________________________________ APPEARANCES: GAELEN EDWARD SMILEY Plaintiff, Pro Se 29 Clifford Road Menands, New York 12204 GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in this pro se civil rights action filed by Gaelen Edward Smiley (“Plaintiff”) against Golub Corporation (“Defendant”) arising from Plaintiff’s termination of employment by Defendant in July 2003,1 is United States Magistrate Judge Randolph F. Treece’s Report-Recommendation recommending that Plaintiff’s Complaint be sua sponte dismissed for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (Dkt. No. 5.) Plaintiff has not filed an objection to the ReportRecommendation and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in 1 Generally, Plaintiff alleges that, because of his race, Defendant terminated his employment, subjected him to unequal terms and conditions of employment, and retaliated against him. (See generally Dkt. No. 1 [Complaint].) Dockets.Justia.com the Report-Recommendation: Magistrate Judge Treece employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 5.) ACCORDINGLY, it is ORDERED that Magistrate Judge Treece’s Report-Recommendation (Dkt. No. 5) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED. The Clerk of the Court is directed to enter judgment for Defendant and close this case. The Court certifies, for purposes of 28 U.S.C. § 1915(a)(3), that any appeal taken from this Decision and Order would not be taken in good faith. Dated: February 10, 2015 Syracuse, New York 2

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