White v. Roosevelt UFSD Board of ED.

Filing 33

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Locke's R&R (Docket Entry 29) is ADOPTED in its entirety and Defendant's motion to dismiss (Docket Entry 8) is GRANTED. However, Plaintiff is also granted leave to file an Amend ed Complaint in an effort to assert viable discrimination claims. Any Amended Complaint shall be filed within ninety (90) days from the date of this Order. Plaintiff is directed to file his Amended Complaint within ninety (90) days from the date of this Memorandum & Order. So Ordered by Judge Joanna Seybert on 9/8/2016. C/M; C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
DOUGLAS STEWART WHITE,
Plaintiff,
-against-

MEMORANDUM & ORDER
15-CV-1035(JS)(SIL)

ROOSEVELT UNION FREE SCHOOL DISTRICT
BOARD OF EDUCATION,

Defendant.
---------------------------------------X
APPEARANCES
For Plaintiff:
Douglas Stewart White, pro se
989 Clinton Place
Baldwin, NY 11510
For Defendant:

Gerald Stephen Smith, Esq.
Silverman and Associates
445 Hamilton Avenue, Suite 1102
White Plains, NY 10601

SEYBERT, District Judge:
Pending

before

the

Court

is

Defendant’s

motion

to

dismiss (Docket Entry 8) and Magistrate Judge Steven I. Locke’s
Report and Recommendation (“R&R”), recommending that this Court
grant Defendant’s motion, but allow the pro se Plaintiff an
opportunity to amend his Complaint to assert viable claims, (R&R,
Docket Entry 29).

For the following reasons, the Court ADOPTS

Judge Locke’s R&R in its entirety.
BACKGROUND
Pro se Plaintiff Douglas Stewart White (“Plaintiff”)
commenced this action on February 24, 2015 against Defendant the
Roosevelt

Union

Free

School

District

Board

of

Education

(“Defendant”) alleging that Defendant discriminated against him in
violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.
§ 2000 et seq. and the Americans with Disabilities Act of 1990, 42
U.S.C. § 12112 et seq.
On
Complaint,

June

(Compl. at 1.)

17,

(Docket

2015,

Entry

8),

Defendant
and

on

moved

to

October

dismiss

13,

2015,

the
the

undersigned referred Plaintiff’s motion to Judge Locke for an R&R
on whether the motion should be granted. (Docket Entry 16.) Judge
Locke issued his R&R on August 8, 2016.

(Docket Entry 29.)

The

R&R recommends that the Court grant Defendant’s motion to dismiss
in its entirety, but allow Plaintiff an opportunity to file an
Amended Complaint in an effort to assert viable claims.

(R&R at

23.)
DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

recommendations

made

in
by

whole
the

or

in

part,

magistrate

the

judge.”

findings
28

and

U.S.C.

§ 636(b)(1)(C). If no timely objections have been made, the “court
need only satisfy itself that there is no clear error on the face
of the record.”

Urena v. New York, 160 F. Supp. 2d 606, 609-10

(S.D.N.Y. 2001) (internal quotation marks and citation omitted).
Objections were due within fourteen (14) days of service
of the R&R.

The time for filing objections has expired, and no

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party has objected.

Accordingly, all objections are hereby deemed

to have been waived.
Upon careful review and consideration, the Court finds
Judge Locke’s R&R to be comprehensive, well-reasoned, and free of
clear error, and it ADOPTS the R&R in its entirety.
CONCLUSION
Judge Locke’s R&R (Docket Entry 29) is ADOPTED in its
entirety and Defendant’s motion to dismiss (Docket Entry 8) is
GRANTED.

However, Plaintiff is also granted leave to file an

Amended Complaint in an effort to assert viable discrimination
claims.
days

Any Amended Complaint shall be filed within ninety (90)

from

the

date

of

this

Order,

shall

be

titled

“Amended

Complaint,” and shall bear the same docket number as this Order,
No. 15-CV-1-35(JS)(SIL).

Plaintiff is cautioned that an Amended

Complaint completely replaces the original Complaint.

Therefore,

all claims and allegations Plaintiff wishes to pursue should be
included in the Amended Complaint.

Plaintiff is directed to file

his Amended Complaint within ninety (90) days from the date of
this Memorandum & Order.
SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

September
8 , 2016
Central Islip, New York

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