Georges v. Rathner et al

Filing 7

ORDER adopting 5 Report and Recommendations and dismissing Plaintiff's Complaint without leave to amend under 28 U.S.C. § 1915(e)(2)(B) as frivolous and for failure to state a claim. Signed by Judge Brenda K. Sannes on 1/31/18. (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-01245 (BKS/DJS)

LEVY RATHNER, et al.,
Defendants.
________________________________________________
Appearances:
Agnes Georges
Baldwin, NY
Plaintiff, pro se
Hon. Brenda K. Sannes, United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Agnes Georges commenced this action pro se on November 13, 2017, utilizing a
form for complaints under Title VII of the Civil Rights Act. (Dkt. No. 1.) This matter was
assigned to United States Magistrate Judge Daniel J. Stewart who, on December 11, 2017, issued
a Report-Recommendation and Order recommending that Plaintiff’s Complaint be dismissed
without leave to amend as frivolous and for failure to state a claim under 28 U.S.C.
§ 1915(e)(2)(B). (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 8). 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 Report-Recommendation is adopted 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 (Dkt. No. 1) is DISMISSED without leave to
amend under 28 U.S.C. § 1915(e)(2)(B) as frivolous and for failure to state a claim; and it is
further
ORDERED that the Clerk is directed to close this action; and it is further
ORDERED that the Clerk serve a copy of this Order upon Plaintiff via regular and
certified mail.
IT IS SO ORDERED.
Dated: January 31, 2018
Syracuse, New York

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