Schisler et al v. Thomas et al

Filing 9

ORDER - That the 4 Order and Report-Recommendation is ADOPTED in its entirety. That the complaint (Dkt. No. 1) is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim. That the Clerk close this case. Signed by Senior Judge Gary L. Sharpe on 11/9/2016. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
WILLIAM G. SCHISLER, SR.
et al.,
Plaintiffs,

6:16-cv-1050
(GLS/ATB)

v.
ROBERT THOMAS et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFFS:
William G. Schisler, Sr.
Pro Se
1010 Green St.
Utica, NY 13502
Annette M. Dow
Pro Se
1010 Green Street
Utica, NY 13502
Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following an Order
and Report-Recommendation (R&R) by Magistrate Judge Andrew T.
Baxter, duly filed on September 1, 2016. (Dkt. No. 4.) Following fourteen

days from the service thereof, the Clerk has sent the file, including any and
all objections filed by the parties herein.
Plaintiffs pro se filed objections to the R&R. (Dkt. No. 8.) In their
objections, plaintiffs generically attack Judge Baxter as biased. (Id.) The
only discernible basis for the allegation of judicial bias is the
recommendation that their case be dismissed. There is absolutely no
indication of bias and that spurious argument is emphatically rejected.
Having carefully reviewed the substance of the R&R for clear error, see
Almonte v. N.Y.S. Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at
*6 (N.D.N.Y. Jan. 18, 2006), and finding none, it is adopted in its entirety.
Accordingly, it is hereby
ORDERED that the Order and Report-Recommendation (Dkt. No. 4)
is ADOPTED in its entirety; and it is further
ORDERED that the complaint (Dkt. No. 1) is DISMISSED WITH
PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a
claim; and it is further
ORDERED that the Clerk close this case; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties
in accordance with this court’s Local Rules.
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IT IS SO ORDERED.

November 9, 2016
Albany, New York

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