Morillo v. Trexx, No. 5:2017cv01125 - Document 9 (N.D.N.Y 2017)

Court Description: DECISION AND ORDER accepting and adopting # 8 Magistrate Judge Dancks' Report and Recommendation in its entirety. Plaintiff's Amended Complaint is dismissed; and the Court declines to exercise jurisdiction over any Plaintiff's state law claims, without prejudice, subject to refilling in state court. Signed by Chief Judge Glenn T. Suddaby on 12/12/17. (lmw) (Copy served upon pro se plaintiff via regular and certified mail)

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Morillo v. Trexx Doc. 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ JOSE A. MORILLO, JR., Plaintiff, 5:17-CV-1125 (GTS/TWD) v. TREXX, Defendant. __________________________________________ APPEARANCES: JOSE A. MORILLO, JR. Plaintiff, Pro Se 814 West Belden Avenue Syracuse, New York 13204 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in this pro se civil rights action filed by Jose A. Morillo, Jr. (“Plaintiff”), against Trexx (“Defendant”), is U.S. Magistrate Judge Thérèse Wiley Dancks Report-Recommendation recommending that Plaintiff’s Amended Complaint be dismissed for lack of subject-matter jurisdiction. (Dkt. No. 8.) Plaintiff has not filed an objection to the Report-Recommendation and the deadline in which to do so has expired. For the reasons set forth below, the Report-Recommendation is adopted in its entirety and Plaintiff’s Amended Complaint is dismissed. When, as here, 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 Dockets.Justia.com 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). Based upon a review of this matter, the Court can find no clear error in the ReportRecommendation: Magistrate Judge Dancks 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. 8.) ACCORDINGLY, it is ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 8) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff’s Amended Complaint (Dkt. No. 4) is DISMISSED; and it is further ORDERED that the Court declines to exercise supplemental jurisdiction over any of Plaintiff’s state law claims, without prejudice, subject to refiling in state court. Dated: December 12, 2017 Syracuse, New York ____________________________________ HON. GLENN T. SUDDABY Chief United States District Judge 2

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