Schisler v. City of Rome et al, No. 6:2017cv00312 - Document 5 (N.D.N.Y 2017)
Court Description: DECISION AND ORDER accepting and adopting # 4 Magistrate Judge Baxter's Report and Recommendation in its entirety. Plaintiff's complaint is sua sponte dismissed with prejudice for failure to state a claim. Signed by Chief Judge Glenn T. Suddaby on 4/20/17. (lmw) (Copy served upon pro se plaintiff via regular and certified mail)
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Schisler v. City of Rome et al Doc. 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________________ WILLIAM G. SCHISLER, SR., Plaintiff, 6:17-CV-0312 (GTS/ATB) v. CITY OF ROME; JACKIE IZZO, Mayor; JOSEPH R. RUSCO, JR., Former Mayor (Rome); and STEPHANIE VISCELLI, Rome Common Council Pres.; Defendants. ______________________________________________ APPEARANCES: WILLIAM G. SCHISLER, SR. Plaintiff, Pro Se 908 Stark Street Utica, New York 13502 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in this pro se civil rights action filed by William G. Schisler, Sr., (“Plaintiff”) against the City of Rome, current and former mayors of Rome, and president of the Rome Common Council (“Defendants”), is United States Magistrate Judge Andrew T. Baxter’s Report-Recommendation recommending that Plaintiff’s Complaint be sua sponte dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (Dkt. No. 4.) Plaintiff has not filed an objection to the Report-Recommendation, and the deadline in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant papers herein, including Magistrate Judge Baxter’s thorough Report- Dockets.Justia.com Recommendation, the Court can find no clear-error in the Report-Recommendation:1 Magistrate Judge Baxter 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, and Plaintiff’s Complaint is sua sponte dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). ACCORDINGLY, it is ORDERED that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 4) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is sua sponte DISMISSED with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Dated: April 10, 2017 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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