Opinion
5:18-CV-0721 (GTS/ATB)
11-20-2018
MARYELIZABETH B. GLASGOW, Plaintiff, v. CNYRTA/CENTRO, INC.; CHARLES O'BRIEN, a/k/a Chuck O'Brien; WILLIAM HARRIS, a/k/a Bill Harris; NATASHA RANDALL; BOB LNU, at dispatch desk of Centro, Inc.; CHARLES ASCEVEDO; LINDA MONTROY; STEVE KOEGEL; CHRISTINE LoCURTO; CNYRTA/CENTRO, INC., HUMAN RESOURCES/ACCOUNTING DEPT./OPERATIONS DEPT.; and CENTRO, INC., Defendants.
APPEARANCES: MARYELIZABETH B. GLASGOW Plaintiff, Pro Se P.O. Box #14 Syracuse, New York 13201
APPEARANCES: MARYELIZABETH B. GLASGOW
Plaintiff, Pro Se
P.O. Box #14
Syracuse, New York 13201 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER
Currently before the Court, in this pro se civil rights action filed by MaryElizabeth B. Glasgow ("Plaintiff") against the above-captioned entities and individuals ("Defendants") asserting claims pursuant to 42 U.S.C. § 1983 and a Bivens arising from her allegedly improper termination of employment, is United States Magistrate Judge Andrew T. Baxter's Report-Recommendation recommending that Plaintiff's Amended Complaint be sua sponte dismissed in its entirety for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (Dkt. No. 8.) Plaintiff has not submitted 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 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 Plaintiff's Amended Complaint is dismissed.
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. 8) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff's Amended Complaint (Dkt. No. 7) is sua sponte DISMISSED in its entirety pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Dated: November 20, 2018
Syracuse, New York
/s/_________
Hon. Glenn T. Suddaby
Chief U.S. District Judge