Schisler v. City of Rome et al
Filing
5
DECISION AND ORDER accepting and adopting # 4 Magistrate Judge Baxter's Report and Recommendation in its entirety. Plaintiff's complaint is sua sponte dismissed with prejudice for failure to state a claim. Signed by Chief Judge Glenn T. Suddaby on 4/20/17. (lmw) (Copy served upon pro se plaintiff via regular and certified mail)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
WILLIAM G. SCHISLER, SR.,
Plaintiff,
6:17-CV-0312
(GTS/ATB)
v.
CITY OF ROME; JACKIE IZZO, Mayor;
JOSEPH R. RUSCO, JR., Former Mayor (Rome); and
STEPHANIE VISCELLI, Rome Common Council Pres.;
Defendants.
______________________________________________
APPEARANCES:
WILLIAM G. SCHISLER, SR.
Plaintiff, Pro Se
908 Stark Street
Utica, New York 13502
GLENN T. SUDDABY, Chief United States District Judge
DECISION and ORDER
Currently before the Court, in this pro se civil rights action filed by William G. Schisler,
Sr., (“Plaintiff”) against the City of Rome, current and former mayors of Rome, and president of
the Rome Common Council (“Defendants”), is United States Magistrate Judge Andrew T.
Baxter’s Report-Recommendation recommending that Plaintiff’s Complaint be sua sponte
dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
(Dkt. No. 4.) Plaintiff has not filed an objection to the Report-Recommendation, and the
deadline in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing
the relevant papers herein, including Magistrate Judge Baxter’s thorough Report-
Recommendation, the Court can find no clear-error in the Report-Recommendation:1 Magistrate
Judge Baxter employed the proper standards, accurately recited the facts, and reasonably applied
the law to those facts. As a result, the Report-Recommendation is accepted and adopted in its
entirety for the reasons set forth therein, and Plaintiff’s Complaint is sua sponte dismissed with
prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 4) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is sua sponte DISMISSED with
prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
Dated: April 10, 2017
Syracuse, New York
____________________________________
HON. GLENN T. SUDDABY
Chief United States District Judge
1
When no objection is made to a report-recommendation, the Court subjects that
report-recommendation 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 omitted).
2
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