Philippe v. New York City Department of Education

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION: On 3/20/2012, Judge Pollak issued a 19 Report and Recommendation ("R&R") recommending that Plaintiff's claims be dismissed without prejudice and that he be given an opportunity to a mend his Complaint. No party has objected to Judge Pollak's R&R, and the time to do so has passed. The Court has reviewed Judge Pollak's well-reasoned R&R for clear error and finds none. Accordingly, the Court ADOPTS the R&R in its enti rety. Defendant's 13 motion to dismiss is GRANTED WITHOUT PREJUDICE. Plaintiff will be given leave to amend his Complaint within 30 days of the date of this Order, in accordance with the instructions set forth in the R&R. If Plaintiff fails to amend his Complaint by this time, the Complaint will be dismissed with prejudice. SO ORDERED by Judge Nicholas G. Garaufis, on 4/25/2012. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa)

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FILED

IN CLERK'S OFFICE
U.S. DlSl1l1CT COURT ED.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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FRANTZ PHILIPPE,

*

APR '2 5 2012

* ~t:IIZ

BROOKLYN OFFICE
Plaintiff,

ORDER

-against-

ll-CV-3693 (NGG) (eLP)

NEW YORK CITY DEPARTMENT OF EDUCATION,
Defendant.

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NICHOLAS G. GARAUFIS, United States District Judge.
Plaintiff Frantz Philippe brings this pro se action against the New York City Department
of Education, alleging age and race discrimination pursuant to Title VII of the Civil Rights Act
of 1964, as amended, 42 U.S.C. §§ 2000e et. seq. (Compl. (Docket Entry # 1).) On November
30,2011, Defendant moved to dismiss the Complaint pursuant to Federal Rule of Civil
Procedure 12(b)(6). (Docket Entry # 13.) The court had previously ordered that Defendant's
motion to dismiss, once fully briefed, would be referred to Magistrate Judge Cheryl L. Pollak for
a Report and Recommendation ("R&R"), pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule
of Civil Procedure 72(b). (Docket Entry # 11.)
On March 20, 2012, Judge Pollak issued an R&R recommending that Plaintiff s claims
be dismissed without prejudice and that he be given an opportunity to amend his Complaint.
(R&R (Docket Entry # 19) at 14.) No party has objected to Judge Pollak's R&R, and the time to
do so has passed. See Fed. R. Civ. P. 72(b)(2). Accordingly, the court reviews Judge Pollak's
R&R for clear error. See La Torres v. Walker, 216 F. Supp. 2d 157, 159 (S.D.N.Y. 2000);
Gesualdi v. Mack Excavation & Trailer Serv., Inc., No. 09-CV-2502 (KAM) (JO), 2010 WL
985294, at *1 (E.D.N.Y. Mar. 15,2010).
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The court has reviewed Judge Pollak's well-reasoned R&R for clear error and finds none.
Accordingly, the court ADOPTS the R&R in its entirety. See Porter v. Potter, 219 F. App'x 112,
112-13 (2d Cir. 2007). Defendant's motion to dismiss is GRANTED WITHOUT PREJUDICE.
Plaintiff will be given leave to amend his Complaint within thirty days of the date of this Order,
in accordance with the instructions set forth in the R&R. See Chavis v. Chappius, 618 F.3d 162,
170 (2d Cir. 2010). If Plaintiff fails to amend his Complaint by this time, the Complaint will be
dismissed with prejudice.
SO ORDERED.

/S/

NICHOLAs'G. GARAUijS

Dated: Brooklyn, New York
April..2~ , 2012

United States District Judge

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