Manley v. Champlain Stones

Filing 15

ORDER re 14 Report and Recommendations. ORDERED that the Report and Recommendation (Dkt. No. 14) is accepted; and it is further ORDERED that all federal claims in the amended complaint (Dkt. No. 9) are dismissed with prejudice, and the state law claims are dismissed without prejudice to refiling in state court. IT IS SO ORDERED. Signed by Senior Judge Norman A. Mordue on August 9, 2017. (Copy served via regular and certified mail) (khr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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DUJON MANLEY,
Plaintiff,
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1:16-CV-796 (NAM/CFH)

CHAMPLAIN STONE, LTD.; JOHN DOE #1;
JOHN DOE #2; JANE DOE #1; JANE DOE #2,
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Defendants.
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APPEARANCES:
DUJON MANLEY
c/o Elizabeth Manley
49 Safford Road
Argyle, New York 12809
Plaintiff, pro se
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Hon. Norman A. Mordue, Senior U.S. District Judge:
MEMORANDUM-DECISION AND ORDER
United States Magistrate Judge Christian F. Hummell has issued a Report and
Recommendation (Dkt. No. 14) recommending that plaintiff’s amended complaint (Dkt. No. 9) be
dismissed with prejudice. Plaintiff has not submitted an objection. Where, as here, there is no

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objection to a Report and Recommendation, the Court reviews for clear error. See, e.g., Lin v.
City of N.Y., 2016 WL 6962536, at *3 (S.D.N.Y. Nov. 28, 2016). The Court has reviewed the
record, particularly the amended complaint, and finds no error. The Court agrees with Magistrate
Judge Hummel’s discussion of Juarez v. Northwestern Mut. Life Ins. Co., 69 F. Supp. 3d 364, 373
(S.D.N.Y. 2014), notably the distinction he draws between the claim of the plaintiff in Juarez,
where the plaintiff alleges he was legally authorized to work in the United States, and the federal
claim in the instant case, where plaintiff makes no such allegation, but rather alleges he was fired

because his visa does not allow him to work in the United States. Plaintiff’s federal claims are
dismissed with prejudice. The Court declines to exercise supplemental jurisdiction over
plaintiff’s state law claims, and dismisses them without prejudice to refiling in state court.
It is therefore
ORDERED that the Report and Recommendation (Dkt. No. 14) is accepted; and it is
further
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ORDERED that all federal claims in the amended complaint (Dkt. No. 9) are dismissed
with prejudice, and the state law claims are dismissed without prejudice to refiling in state court;
and it is further
ORDERED that the Clerk of the Court is directed to serve this Memorandum-Decision
and Order by regular mail to Dujon Manley, 206-471-587, Buffalo Federal Detention Facility,

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420 Federal Drive, Batavia, New York 14020; and by regular mail and certified mail, return
receipt requested, to Dujon Manley, c/o Elizabeth Manley, 49 Safford Road, Argyle, New York
12809.
IT IS SO ORDERED.
Date: August 9, 2017
Syracuse, New York

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