Robinson v. Jr.

Opinion

TES DISTRI KQ Se ED Tp Ss EX UNITED STATES DISTRICT COURT DEC 03 2024 ——~ WESTERN DISTRICT OF NEW YORK ns Kiky wor Were C. LOEWENGUT os □□ TERN DISTRICT MICHAEL ROBINSON, : Plaintiff, Vv. 23-CV-347 (JLS) (LGF) JIM JR., TAMMY TOUT, ERIC PIECZYNSKI, Defendants.

DECISION AND ORDER Plaintiff Michael Robinson commenced this case in April 2023, seeking relief against Defendants Jim Jr., Tammy Tout, and Eric Pieczynski under Title VII of the Civil Rights Act of 1964 for alleged race-based discrimination in the course of Plaintiffs employment. See generally Dkt. 1. Defendants moved to dismiss the complaint. Dkt. 8. Plaintiff responded (Dkt. 12), and Defendants replied (Dkt. 13). On October 24, 2024, United States Magistrate Judge Leslie G. Foschio issued a Report and Recommendation (““R&R’),! recommending that this Court grant Defendants’ motion to dismiss, without leave to amend. Dkt. 15.

1On August 16, 2024, this Court referred the case to Judge Foschio for all pretrial matters, pursuant to 28 U.S.C. §§ 636(b)(1)(A)-(C). Dkt. 10.

Neither party objected to the R&R, and the time to do so has expired. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). A district court may accept, reject, or modify the findings or recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(8). A district court must conduct a de novo review of those portions of a magistrate judge’s recommendation to which a party objects. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(8). But neither 28 U.S.C. § 636 nor Federal Rule of Civil Procedure 72 requires a district court to review the recommendation of a magistrate judge to which no objections are raised. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985). Though not required to do so here, this Court nevertheless reviewed Judge Foschio’s R&R. Based on that review, and absent any objections, the Court accepts and adopts the R&R. CONCLUSION For the reasons stated above and in the R&R, the Court grants Defendants’ motion to dismiss (Dkt. 8), without leave to amend. The Clerk of Court shall close this case. SO ORDERED. Dated: December 3, 2024 Buffalo, New York ~ □□ | L, UNITED STATES DISTRICT JUD