Moss v. Catholic Charities, USA et al, No. 1:2016cv00839 - Document 6 (N.D.N.Y 2016)
Court Description: DECISION AND ORDER accepting and adopting # 5 Magistrate Judge Stewart's Report and Recommendation in its entirety. Plaintiff's Complaint shall be DISMISSED in its entirety, without further notice of the Court, unless, within 30 days of the date of this Decision and Order, Plaintiff files an Amended Complaint that corrects the pleading defects identified in the Report-Recommendation; and should Plaintiff file an Amended Complaint, it shall be referred to Magistrate Judge Stewart for his review. Signed by Chief Judge Glenn T. Suddaby on 10/7/16. (lmw) (Copy served upon pro se plaintiff via regular mail)
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Moss v. Catholic Charities, USA et al Doc. 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ___________________________________________ KYRA MOSS, Plaintiff, 1:16-CV-0839 (GTS/DJS) v. CATHOLIC CHARITIES, USA; SISTER DONNA MARKHAM, OP, PhD, President and CEO of Catholic Charities, Defendants. ___________________________________________ APPEARANCES: KYRA MOSS Plaintiff, Pro Se 12 Saint Joseph Terrace Albany, New York 12210 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in this pro se civil rights action filed by Kyra Moss (“Plaintiff”) against the above-captioned entity and individual (“Defendants”), is United States Magistrate Judge Daniel J. Stewart’s Report-Recommendation sua sponte recommending that Plaintiff’s Complaint be dismissed in its entirety unless Plaintiff files an Amended Complaint correcting the pleading defects in her Complaint. (Dkt. No. 5.) Plaintiff has not filed an Objection to the Report-Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant papers herein, including Magistrate Judge Stewart’s thorough Report-Recommendation, the Court can find no clear-error Dockets.Justia.com in the Report-Recommendation.1 Magistrate Judge Stewart employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons set forth therein. ACCORDINGLY, it is ORDERED that Magistrate Judge Stewart’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) shall be DISMISSED in its entirety, without further notice of the Court, unless, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an Amended Complaint that corrects the pleading defects identified in the Report-Recommendation; and it is further ORDERED that, should Plaintiff file an Amended Complaint, it shall be referred to Magistrate Judge Stewart for his review. Dated: October 7, 2016 Syracuse, New York ____________________________________ HON. GLENN T. SUDDABY Chief United States District Judge 1 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 omitted). 2
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