Growe v. Oswego County Supreme Court

District Court, N.D. New York

Growe v. Oswego County Supreme Court

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

CHELSEA C. GROWE,

Plaintiff, 5:24-cv-1014 (BKS/MJK)

v.

OSWEGO COUNTY SUPREME COURT, DMV and OSWEGO COUNTY COURTHOUSE,

Defendants.

Appearances: Plaintiff pro se: Chelsea C. Growe Oswego, NY 13126 Hon. Brenda K. Sannes, Chief United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Chelsea C. Growe brought this action seeking to have an order of protection issued by a state court judge removed; she also sought leave to proceed in forma pauperis (“IFP”). (Dkt. Nos. 1, 2). This matter was referred to United States Magistrate Judge Mitchell J. Katz who, on August 23, 2024, granted Plaintiff’s application to proceed IFP and issued a Report-Recommendation, recommending that Plaintiff’s complaint be dismissed without prejudice and without leave to amend for lack of subject matter jurisdiction. (Dkt. No. 4). Magistrate Judge Katz informed Plaintiff that she had fourteen days within which to file written objections to the report under

28 U.S.C. § 636

(b)(1), and that the failure to object to the report within fourteen days would preclude appellate review. (Id. at 10). 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,

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 Katz’s Report-Recommendation (Dkt. No. 4) is ADOPTED; and it is further ORDERED that Plaintiff's complaint (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE and WITHOUT LEAVE TO AMEND for lack of subject matter jurisdiction; and it is further ORDERED that the Clerk of the Court shall close this case; and it is further ORDERED that the Clerk serve a copy of this Order on Plaintiff in accordance with the Local Rules. IT ISSO ORDERED.

Dated: October 25, 2024 Syracuse, New York AAA db (C Brenda K. Sannes Chief U.S. District Judge

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