Carrington v. Mota

Filing 26

ORDER adopting 25 Report and Recommendations re: 16 Motion to Dismiss filed by Jeannette Mota, City of New York: This Court adopts the Report in its entirety. No objections to the Report have been filed. The Report contains no clear error of law. For the reasons stated in Magistrate Judge Cott's Report, Defendants' motion to dismiss is GRANTED. Plaintiff may amend her complaint within 30 days of this Order, if amendment would not be futile to cure the deficiencies identified in the Report. The Clerk of Court is directed to close the motion at ECF No. 16. (Signed by Judge George B. Daniels on 12/7/2017) (jwh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ALICE CARRINGTON,

J

Plaintiff,
-against-

ORDER
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JEANNETTE MOTA and CITY OF NEW YORK,

16 Civ. 8061 (GBD) (JLC)

Defendants.

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GEORGE B. DANIELS, United States District Judge:
Pro se Plaintiff Alice Carrington brought this action alleging employment discrimination
and retaliation on October 12, 2016 pursuant to Title VII of the Civil Rights Act of 1964 ("Title
VII") against Defendants Jeannette Mota and the City of New York. (Compl., ECF No. 2.) On
December 12, 2016 this matter was referred to Magistrate Judge Cott. (ECF No. 8.) Defendants
moved to dismiss the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
for failure to state a claim. (Mot. to Dismiss, ECF No. 16.) Plaintiff did not file a response to the
motion. Before this Court is Magistrate Judge Cott's August 31, 2017 Report and
Recommendation ('"Report," ECF No. 37), recommending that Defendants' motion to dismiss be
granted but that Plaintiff be given permission to amend her complaint within 30 days of an order
adopting the Report. (See Report at 1.) 1 This Court adopts the Report in its entirety.
This Court may accept, reject, or modify, in whole or in part, the findings set forth in the
Report. 28 U.S.C. § 636(b )(1 )(C). When no party files objections to a report, the Court may adopt

1

The relevant procedural and factual background is set forth in greater detail in the Report, and is

incorporated herein.

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the report if ·'there is no clear error on the face of the record." Adee Motor Cars, LLC v. /Imoto.
388 F. Supp. 2d 250, 253 (S.D.N.Y. 2005) (quoting Nelson v. Smith, 618 F. Supp. 1186, 1189
(S.D.N.Y. 1985)); Wilds v. United Parcel Service, Inc., 262 F. Supp. 2d 163, 169 (S.D.N .Y. 2003)
("To accept the report and recommendation of a magistrate, to which no timely objection has been
made, a district court need only satisfy itself that there is no clear error on the face of the record.'')
(internal citations and quotation marks omitted). Magistrate Judge Cott advised the parties that
failure to file timely objections to the Report would constitute a waiver of those objections on
appeal. (Report at 37); see also 28 U.S.C. § 636(b)(l)(C); Fed. R. Civ. P. 72(b). No objections to
the Report have been filed. The Report contains no clear error of law.
Plaintiff has not alleged that she suffered an adverse employment action motivated by
discriminatory intent or a retaliatory motive. Additionally, Plaintiff's factual allegations do not
create a plausible inference that she has been subject to a hostile work environment. for the
reasons stated in Magistrate Judge Cott's Report, Defendants' motion to dismiss is GRANTED.
Plaintiff may amend her complaint within 30 days of this Order, if amendment would not be Cutile.
to cure the deficiencies identified in the Report. 2
The Clerk of Court is directed to close the motion at ECF No. 16.
Dated: New York. New York
December 7, 2017
SO ORDERED.

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c(Rcill B. DANIELS
United States District Judge

2

Plaintiff should file any amended complaint with numbered paragraphs. (See Report at 35.)

2