UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

ANNAMAY SHIBLEY and CHRISTOPHER WHEELER, SR., 6:24-cv-722 (BKS/TWD) Plaintiffs,

v.

JENNIFER BIXLEROND, DEPARTMENT OF SOCIAL SERVICES, MOHAWK VALLEY COMMUNITY ACTION AGENCY, and HEIDI GARBER., ,

Defendants.

Appearances: Plaintiffs pro se: Annamay Shibley Christopher Wheeler, Sr. Frankfort, NY 13340 Hon. Brenda K. Sannes, Chief United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiffs Annamay Shibley and Christopher Wheeler, Sr. commenced this proceeding under

, and sought leave to proceed in forma pauperis (“IFP”). (Dkt. Nos. 1, 3,4). This matter was referred to United States Magistrate Judge Therese Wiley Dancks who, on July 16, 2024, granted Plaintiffs’ applications to proceed IFP, and issued a Report- Recommendation, recommending that Plaintiffs’ complaint be dismissed without prejudice and with leave to amend. (Dkt. No. 10). Plaintiffs were informed that they had fourteen days within which to file written objections to the report under

(b)(1), and that the failure to object to the report within fourteen days would preclude appellate review. (Id. at 12-13). On July 29, 2024, the Court issued an Order giving Plaintiffs an extension of time to file objections to the Report-Recommendation. (Dkt. No. 12). 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 v. Astrue,

(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’s Report-Recommendation (Dkt. No. 10) is ADOPTED; and it is further ORDERED that Plaintiffs’ Complaint (Dkt. No. 1) is DISMISSED without prejudice and with leave to amend; and it is further ORDERED that any amended complaint must be filed within thirty (30) days of the date of this Order. Any amended complaint must be a complete pleading which will replace the current complaint in total; and it 1s further ORDERED that if Plaintiffs file a timely amended complaint, it shall be referred to Magistrate Judge Dancks for review; and if Plaintiffs fail to file a timely amended complaint, the Clerk is directed to close this case; and it is further ORDERED that the Clerk serve a copy of this Order on Plaintiffs in accordance with the Local Rules. IT IS SO ORDERED. Da db (C EIA RAI" Dated: September 16, 2024 Brenda K. Sannes Syracuse, New York Chief U.S. District Judge