Abrams v. Sears Roebuck and Co. et al

Filing 12

DECISION AND ORDER: It is ORDERED that Magistrate Judge Dancks' # 11 Report and Recommendation is ACCEPTED and ADOPTED in its entirety. It is further ORDERED that Plaintiff's # 8 Amended Complaint is DISMISSED without further leave to amend. Signed by Judge Glenn T. Suddaby on 2/24/2014. [Copy served upon pro se plaintiff via regular and certified mail.] (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
OMAR ABRAMS,
Plaintiff,
6:12-CV-1701
(GTS/TWD)

v.
SEARS ROEBUCK AND CO.,
Defendant.
__________________________________________
APPEARANCES:
OMAR ABRAMS
Plaintiff, Pro Se
1011 Seymour Avenue
Utica, New York 13501
GLENN T. SUDDABY, United States District Judge

DECISION and ORDER
Currently before the Court, in the above-captioned pro se civil rights action filed by
Omar Abrams (“Plaintiff”), is United States Magistrate Thérèse Wiley Dancks’ ReportRecommendation recommending Plaintiff’s Amended Complaint be dismissed, without further
leave to amend. (Dkt. No. 11.)
Plaintiff has not filed an objection to the Report-Recommendation, and the deadline in
which to do so has expired. (See generally Docket Sheet.)
When no objection is made to a report-recommendation, the Court subjects that reportrecommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes:
1983 Addition. When performing such a “clear error” review, “the court need only satisfy itself
that there is no clear error on the face of the record in order to accept the recommendation.” Id.;
see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1. (S.D.N.Y. July 31, 1995)

(Sotomayor, J.) (“I am permitted to adopt those sections of [a magistrate judge’s] report to which
no specific objection is made, so long as those sections are not facially erroneous.”) (internal
quotation marks and citations omitted).
Here, based on a careful review of this matter, the Court can find no error with
Magistrate Judge Dancks’ Report-Recommendation, clear or otherwise. (Dkt. No. 11.)
Magistrate Judge Dancks employed the proper standards, accurately recited the facts, and
reasonably applied the law to those facts. (Id.) As a result, the Report-Recommendation is
accepted and adopted in its entirety for the reasons stated therein.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 11) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff’s Amended Complaint (Dkt. No. 8) is DISMISSED without
further leave to amend.
Dated: February 24, 2014
Syracuse, New York

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