Opinion
CIVIL ACTION NO.: 3:18-CV-193
01-07-2019
CHARLEATTA M. BLACK, Plaintiff, v. DEPARTMENT OF VETERANS AFFAIRS, Defendant.
(GROH)
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before this Court is the Report and Recommendation ("R&R") entered by United States Magistrate Judge Robert W. Trumble on December 6, 2018. ECF No. 7. In his R&R, Magistrate Judge Trumble finds that this Court lacks subject-matter jurisdiction over Plaintiff's Title VII claims and recommends that Plaintiff's Complaint be dismissed without prejudice and Plaintiff's Motion [ECF No. 2] for Appointment of Counsel and Motion [ECF No. 3] to proceed in forma pauperis be denied as moot.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, failure to file objections permits the district court to review the R&R under the standard that it believes to be appropriate, and if parties do not object to an issue, the parties' right to de novo review is waived. See Webb v. Califano, 468 F. Supp. 825 (E.D. Cal. 1979). Additionally, if the Plaintiff's objections simply "reiterate[] the same arguments made by the objecting party in [her] original papers submitted to the magistrate judge . . . the Court subjects that portion of the report-recommendation challenged by those arguments to only a clear error review." Taylor v. Astrue, 32 F. Supp. 3d 253, 260 (N.D.N.Y. 2012). Therefore, the Court will conduct a de novo review of those portions of the R&R to which a party makes new objections and will review the remaining portions of the R&R for clear error.
Objections to Magistrate Judge Trumble's R&R were due within fourteen plus three days of the Plaintiff being served with a copy of the same. 28 U.S.C. § 636(b)(1). The Court notes that the R&R was mailed to the Plaintiff and returned as undeliverable on January 4, 2019. Accordingly, no objections have been filed. However, the Court emphasizes that the Plaintiff has a continuing obligation to keep the Court informed of her mailing address. Thus, this Court will review the R&R for clear error.
Upon careful review of the R&R, it is the opinion of this Court that Magistrate Judge Trumble's Report and Recommendation [ECF No. 7] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein.
For the reasons more fully stated in the Report and Recommendation, this Court ORDERS that the Plaintiff's Complaint [ECF No. 1] be DISMISSED WITHOUT PREJUDICE and STRICKEN from the Court's active docket. The Court further ORDERS that Plaintiff's Motion [ECF No. 2] for Appointment of Counsel and Motion [ECF No. 3] for Leave to Proceed in Forma Pauperis are DENIED AS MOOT. The Clerk is DIRECTED to transmit copies of this Order to all counsel of record and the pro se Plaintiff.
DATED: January 7, 2019
/s/_________
GINA M. GROH
CHIEF UNITED STATES DISTRICT JUDGE