Opinion
5:17-CV-1125 (GTS/TWD)
12-12-2017
JOSE A. MORILLO, JR., Plaintiff, v. TREXX, Defendant.
APPEARANCES: JOSE A. MORILLO, JR. Plaintiff, Pro Se 814 West Belden Avenue Syracuse, New York 13204
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 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 Report-Recommendation: 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
/s/_________
HON. GLENN T. SUDDABY
Chief United States District Judge