Peterson v. The State of New York Court of Claims

District Court, N.D. New York

Peterson v. The State of New York Court of Claims

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

CARLOS DEONDRA PETERSON, SR.,

Plaintiff, 5:25-cv-1039 (ECC/DJS)

v.

THE STATE OF NEW YORK COURT OF CLAIMS,

Defendant.

Appearances: Carlos Deondra Peterson, Sr., Pro Se Plaintiff Hon. Elizabeth C. Coombe, United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Carlos Deondra Peterson, Sr. commenced this proceeding under

42 U.S.C. § 1983

and sought leave to proceed in forma pauperis (“IFP”). (Dkt. No. 2). This matter was referred to United States Magistrate Judge Daniel J. Stewart who, on August 28, 2025, granted Plaintiff’s application to proceed IFP, and on August 28, 2025 issued a Report-Recommendation, recommending that Plaintiff’s complaint be dismissed. (Dkt. No. 8). Plaintiff was informed that he 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. (Dkt. No. 13, at 14-15). No objections to the Report-Recommendation have been filed. As no objection to the Report-Recommendation has 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 Stewart’s Report-Recommendation (Dkt. No. 8) is ADOPTED; and it is further ORDERED that Plaintiff's Complaint (Dkt. No. 1) be DISMISSED; and it is further ORDERED that the Clerk is directed to 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 7, 2025 Syracuse, New York Elizabeth C. Coombe U.S. District Judge

Reference

Full Case Name
Carlos Deondra Peterson, Sr. v. The State of New York Court of Claims
Status
Unknown