Opinion
5:20-CV-0903 (GTS/ATB)
09-28-2020
ANDREW S. BENNETT; and KRISTINA M. McDONALD, Plaintiffs, v. DON BAILEY; and ROUTE 11 MOTORSPORTS, Defendants.
APPEARANCES: ANDREW S. BENNETT and KRISTINA M. McDONALD Plaintiffs, Pro Se 1137 Roberts Hollow Road Lowman, New York 14861
APPEARANCES: ANDREW S. BENNETT and KRISTINA M. McDONALD
Plaintiffs, Pro Se
1137 Roberts Hollow Road
Lowman, New York 14861 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER
Currently before the Court, in this pro se habeas breach-of-contract action filed by Andrew S. Bennett and Kristina M. McDonald ("Plaintiffs") against Don Bailey and Route 11 Motorsports ("Defendants") pursuant to 42 U.S.C. § 1983, is United States Magistrate Judge Andrew T. Baxter's Report-Recommendation recommending that Plaintiffs' Complaint be dismissed without prejudice for lack of subject-matter jurisdiction pursuant to 28 U.S.C. § 1915 and that such dismissal should be without prior leave to amend. (Dkt. No. 3.) Plaintiffs have not filed an objection to the Report-Recommendation, and the time 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-Recommendation, the Court can find no clear-error in the Report-Recommendation. 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 Plaintiffs' Complaint is dismissed without prejudice for lack of subject-matter jurisdiction.
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). --------
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 3) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiffs' Complaint (Dkt. No. 1) is DISMISSED without prejudice for lack of subject-matter jurisdiction. Dated: September 28, 2020
Syracuse, New York
/s/_________
Glenn T. Suddaby
Chief U.S. District Judge