Roach v. Clark et al

Filing 14

ORDERED, that the Report-Recommendation (Dkt. No. 7) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs claims against Defendants Clark, Warren, Snyder, Gonzales, Woodfork, and Onondaga County are DISMISSED without pr ejudice and with leave to replead pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim; and it is further ORDERED, that Plaintiffs claims against Defendants Pirro-Bailey, White, Jennifer Doe, John Doe, and Sutkowy are DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii); and it is further ORDERED, that Plaintiffs Motion (Dkt. No. 1) for a temporary restraining order is DENIED. Signed by Senior Judge Lawrence E. Kahn on July 02, 2015.***A copy of this order & subsequent judgment was served upon the pro se plaintiff by Certified US mail. (sas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
MATTHEW J. ROACH,
Plaintiff,
-against-

5:15-CV-0408 (LEK/ATB)

JENNIFER CLARK, et al.,
Defendants.
___________________________________
ORDER
This matter comes before the Court following a Report-Recommendation filed on April 22,
2015, by the Honorable Andrew T. Baxter, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b)
and Local Rule 72.3. Dkt. No. 7 (“Report-Recommendation”). Pro se Plaintiff Matthew J. Roach
(“Plaintiff”) timely filed Objections. Dkt. No. 9 (“Objections”).
Within fourteen days after a party has been served with a copy of a magistrate judge’s reportrecommendation, the party “may serve and file specific written objections to the proposed findings
and recommendations.” FED. R. CIV. P. 72(b); L.R. 72.1(c). If a party objects to a reportrecommendation, “the Court subjects that portion of the report-recommendation to a de novo
review.” Williams v. Roberts, No. 11-CV-0029, 2012 WL 760777, at *3 (N.D.N.Y. Mar. 7, 2012)
(citing FED. R. CIV. P. 72(b)(2) and 28 U.S.C. § 636(b)(1)(C)); see also United States v. Male
Juvenile, 121 F.3d 34, 38 (2d Cir. 1997). If no objections are made, or if an objection is general,
conclusory, perfunctory, or a mere reiteration of an argument made to the magistrate judge, a district
court should review that aspect of a report-recommendation for clear error. Barnes v. Prack, No.
11-CV-0857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18, 2013); Farid v. Bouey, 554 F. Supp. 2d
301, 306-07 & n.2 (N.D.N.Y. 2008); see also Machicote v. Ercole, No. 06 Civ. 13320, 2011 WL

3809920, at *2 (S.D.N.Y. Aug. 25, 2011) (“[E]ven a pro se party’s objections to a Report and
Recommendation must be specific and clearly aimed at particular findings in the magistrate’s
proposal, such that no party be allowed a second bite at the apple by simply relitigating a prior
argument.”). “A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings
or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b).
Plaintiff objects to the portion of the Report-Recommendation explaining that Plaintiff may
not represent his child as a pro se litigant. See Objs. at 2-5; Report-Rec. at 2. The ReportRecommendation states that Plaintiff “may not represent either Ms. Davendorf or A.R.,” and
therefore reviewed the Complaint only as it applied to Plaintiff. Report-Rec. 2-3. Therefore, A.R.’s
Application to proceed in forma pauperis was not approved, because it was improperly filed by
Plaintiff, who is not admitted to practice law. See Lattanzio v. COMTA, 481 F.3d 137, 139-40 (2d
Cir. 2007); see also 28 U.S.C. § 1654.
The remainder of Plaintiff’s Objections merely reiterate allegations made in the Complaint,
or are conclusory. See generally Objs. Accordingly, the Court has reviewed the remainder of the
Report-Recommendation for clear error and has found none.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 7) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that Plaintiff’s claims against Defendants Clark, Warren, Snyder, Gonzales,
Woodfork, and Onondaga County are DISMISSED without prejudice and with leave to replead
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim; and it is further
ORDERED, that Plaintiff’s claims against Defendants Pirro-Bailey, White, Jennifer “Doe,”
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John “Doe,” and Sutkowy are DISMISSED with prejudice pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i)-(iii); and it is further
ORDERED, that Plaintiff’s Motion (Dkt. No. 1) for a temporary restraining order is
DENIED; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on Plaintiff in accordance
with the Local Rules.
IT IS SO ORDERED.
DATED:

July 02, 2015
Albany, New York

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