Dortch v. New York City Department of Education

Filing 28

ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS. The court ADOPTS the R&R in full. Accordingly, the Clerk of Court is respectfully directed to enter judgment for Defendant and close the case. So Ordered by Judge Nicholas G. Garaufis on 5/3/2016. (fwd'd for jgm) (Lee, Tiffeny)

9/v
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PERRY DORTCH,
Piaintifi~

ORDER
-against-

14-CV-2534 (NGG) (PK)
NEW YORK CITY DEPARTMENT OF
EDUCATION,
Defendant.

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NICHOLAS G. GARAUFIS, United States District Judge.
On April 21, 2014, Plaintiff initiated this action against Defendant the New York City
Department of Education, alleging that Defendant unlawfully retaliated against Plaintiff by
removing him from two athletic coaching positions after he complained of a hostile work
environment. (Comp!. (Dkt. 1).) On July 13, 2015, Defendant moved for summary judgment.
(Mot. for Summ. J. (Dkt. 15).) On November 9, 2015, the court referred the motion to
Magistrate Judge Peggy Kuo for a Report and Recommendation (R&R) pursuant to 28 U.S.C.
§ 636(b)(l)(B) and Federal Rule of Civil Procedure 72(b)(l). (Nov. 9, 2015, Order.) On
March 23, 2016, Judge Kuo issued an R&R recommending that the court grant Defendant's
motion for summary judgment with regard to all of Plaintiffs claims. (R&R (Dkt. 27) at 21.)
No party has objected to Judge Kuo's R&R, and the time to do so has passed. See Fed.
R. Civ. P. 72(b)(2). (See also R&R at 21 ("Any objections to this Report and Recommendation
must be filed with the Clerk of the Court, ... by April 6, 2016. Failure to file objections within
the specified time waives the right to appeal.").) Therefore, the court reviews the R&R for clear
error. See Gesualdi v. Mack Excavation & Trailer Serv., Inc., No. 09-CV-2502 (KAM)
(JO), 2010 WL 985294, at *I (E.D.N.Y. Mar. 15, 20IO); La Torres v. Walker, 2I6
F. Supp. 2d I57, 159 (S.D.N.Y. 2000); cf. 28 U.S.C. § 636(b)(l). The court reviewed the well!

reasoned R&R and found no errors; thus, the court ADOPTS the R&R in full. Accordingly, the
Clerk of Court is respectfully directed to enter judgment for Defendant and close the case.
SO ORDERED.

s/Nicholas G. Garaufis
:NrcHOLAS G. GARAUFIS l
United States District Judge

Dated: Broown. New York
May.;j_, 2016

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