Edwards v. Montgomery
Edwards v. Montgomery
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
JASMINE GRACE-LOUISE EDWARDS,
Plaintiff, 5:19-cv-0923 (BKS/TWD)
v.
CHRISTOPHER MONTGOMERY,
Defendant.
Appearances: Plaintiff, pro se: Jasmine Grace-Louise Edwards Syracuse, NY 13207 Hon. Brenda K. Sannes, United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff pro se Jasmine Grace-Louise Edwards brought this action against Defendant Christopher Montgomery on July 29, 2019. (Dkt. No. 1). Plaintiff’s complaint was referred to United States Magistrate Judge Thérèse Wiley Dancks for review. (Dkt. No. 8). After reviewing the complaint under
28 U.S.C. § 1915(e), Magistrate Judge Dancks issued a Report- Recommendation on October 1, 2019, recommending that the complaint be dismissed without prejudice, and without leave to amend, for lack of subject matter jurisdiction. (Dkt. No. 8). Magistrate Judge Dancks advised Plaintiff that under
28 U.S.C. § 636(b)(1) she had fourteen days within which to file written objections to the Report and that the failure to object to the Report within fourteen days would preclude appellate review. (Dkt. No. 8, at 10–11). No objections to the Report-Recommendation have been filed. As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen vy. Astrue,
2 F. Supp. 3d 223, 228-29(N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety. For these reasons, it is hereby ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 8) is ADOPTED in all respects; and it is further ORDERED that Plaintiffs complaint is DISMISSED without prejudice, and without leave to amend, for lack of subject matter jurisdiction; and it is further ORDERED that the Clerk serve a copy of this Order on Plaintiff in accordance with the Local Rules. IT IS SO ORDERED.
Dated: December 20, 2019. Syracuse, New York
BrendaK.Sannes ss” U.S. District Judge
Reference
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