Picinich v. New York Department of Education et al

Filing 50

ORDER ADOPTING 49 REPORT AND RECOMMENDATIONS, The Court has reviewed the record and, finding no clear error, adopts the well-reasoned R&R as the opinion of the Court. Accordingly, the Court grants Defendants' motion to dismiss Picinich's amended complaint and hereby directs the Clerk of Court to close this case. So Ordered by Judge Carol Bagley Amon on 8/17/2018. (c/m to pro se; fwd'd for jgm) (Lee, Tiffeny)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X

GREGORY PICINICH,
Plaintiff,

-againstNOT FOR PUBLICATION

NEW YORK CITY DEPARTMENT OF

ORDER

EDUCATION,GABRIELLA ANTIOCHO,

16-CV-844(CBA)
(LB)

ESQ., OFFICE OF LEGAL SERVICES/
GENERAL COUNSEL,in her official and

individual capacity; ASSISTANT PRINCIPAL
ELIZABETH M. GUGLIELMO,in her official

and individual capacity.
Defendant.
X

AMON,United States District Judge:

Plaintiff Gregory Picinich, proceeding pro se. brings this employment discrimination

action against his former employers, the New York City Department of Education, Gabriella
Antiocho, and Elizabeth M. Guglielmo (collectively, "Defendants"). (See D.E. # 1; D.E. # 39.)
Defendants have moved to dismiss Picinich's amended complaint. (D.E.#43.) The Court referred
Defendants' motion to the Honorable Lois Bloom, United States Magistrate Judge, who thereafter

submitted a Report and Recommendation ("R&R") recommending that the Court grant
Defendants' motion to dismiss and not grant Picinich leave to amend his complaint, because he
has already been granted leave to amend once before. (D.E.# 49.)

No party has objected to the R&R,and the time for doing so has passed. When deciding
whether to adopt a report and recommendation, a district court "may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C.
§ 636(b)(1). To accept those portions ofthe R&R to which no timely objection has been made,"a

district court need only satisfy itself that there is no clear error on the face of the record." Jarvis
V. N. Am. Globex Fund. L.P.. 823 F. Supp.2d 161,163(E.D.N.Y. 2011)(internal quotation marks
and citation omitted).

The Court has reviewed the record and, finding no clear error, adopts the well-reasoned

R&R as the opinion of the Court. Accordingly, the Court grants Defendants' motion to dismiss
Picinich's amended complaint and hereby directs the Clerk of Court to close this case.
SO ORDERED.

Dated: August^2018

s/Carol Bagley Amon

Brooklyn, New York

Carol Bagley Amon
United States Distri(^t^dge