Georges v. Schneiderman et al

Filing 15

ORDER adopting 14 Report and Recommendations and dismissing Plaintiff's 12 amended complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim. Signed by Judge Brenda K. Sannes on 12/18/17. (Copy served on plaintiff via regular and certified mail)(rjb, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________________
AGNES GEORGES,
Plaintiff,
v.

1:17-CV-0524 (BKS/DJS)

ERIC SCHNEIDERMAN, et al.,
Defendants.
________________________________________________
Appearances:
Agnes Georges
Albany, NY 12210
Plaintiff, pro se
Hon. Brenda K. Sannes, United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Agnes Georges commenced this action pro se on May 11, 2017, utilizing a form
civil rights complaint under 42 U.S.C. § 1983. Dkt. No. 1. On September 26, 2017, this Court
issued an Order adopting the Report-Recommendation of Magistrate Judge Daniel J. Stewart,
and dismissed Plaintiff’s complaint under 28 U.S.C. § 1915 for failure to state a claim, with
leave to amend within 30 days. Dkt. No. 9. On October 19, 2017 Plaintiff filed a document that
was construed as an amended complaint. Dkt. No. 12. This matter was referred to Magistrate
Judge Stewart who, on November 15, 2017, issued a Report-Recommendation and Order
recommending that Plaintiff’s amended complaint be dismissed under 28 U.S.C. 1915(e) for
failure to state a claim. Dkt. No. 14. Magistrate Judge Stewart advised Plaintiff that under 28
U.S.C. § 636(b)(1), she had fourteen days within which to file written objections to the report,

and that the failure to object to the report within fourteen days would preclude appellate review.
Dkt. No. 14, at 3. No objections to the Report-Recommendation have been filed.
As no objections to the Report-Recommendation have been filed, and the time for filing
objections has expired, the Court reviews the Report-Recommendation for clear error. See
Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory
committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear
error and found none, the Court adopts it in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 14) is ADOPTED in its
entirety; and it is further
ORDERED that Plaintiff’s amended complaint (Dkt. No. 12) is DISMISSED pursuant
to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim; and it is further
ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with
the Local Rules; and it is further
ORDERED that the Clerk is directed to close this case.
IT IS SO ORDERED.
Dated: December 18, 2017

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