Georges v. Schneiderman et al

Filing 9

ORDER adopting 5 Report and Recommendations. Plaintiff's complaint is DISMISSED, pursuant to 28 U.S.C. § 1915 for failure to state a claim. Plaintiff is granted leave to file an amended complaint within thirty (30) days from the date of this Order; if Plaintiff fails to file an amended complaint within 30 days from the date of this Order, the Clerk of the Court is directed to close this action, without further Order of the Court. Signed by Judge Brenda K. Sannes on 9/26/17. (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
Woodridge, VA
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. Plaintiff also sought leave to proceed
in forma pauperis. Dkt. No. 2. On July 19, 2017, United States Magistrate Judge Daniel J.
Stewart granted Plaintiff’s motion to proceed in forma pauperis and issued a ReportRecommendation and Order, recommending that the complaint be dismissed, pursuant to 28
U.S.C. § 1915 for failure to state a claim, with leave to amend in light of her pro se status. Dkt.
No. 5.
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. 5, at 6-7.
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. 5) is ADOPTED in its entirety;
and it is further
ORDERED that Plaintiff’s complaint is DISMISSED, pursuant to 28 U.S.C. § 1915 for
failure to state a claim; and it is further
ORDERED that Plaintiff is granted leave to file an amended complaint within thirty (30)
days from the date of this Order; and it is further
ORDERED that if Plaintiff fails to file an amended complaint within 30 days from the
date of this Order, the Clerk of the Court is directed to close this action, without further Order of
the Court; and it is further
ORDERED that the Clerk serve a copy of this Order, by regular and certified mail, upon
Plaintiff at the following address: 4081 Thackery Terrace, Woodbridge, VA 22192.
IT IS SO ORDERED.
Dated: September 26, 2017
Syracuse, New York

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