Welch v. Bio-Reference Labortories, Inc.

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

ERNESTINE WELCH,

Plaintiff, 1:19-cv-0846 (BKS/DJS)

v.

BIO-REFERENCE LABORTORIES, INC., et al.,

Defendants.

Appearances: Plaintiff, pro se Ernestine Welch Hudson, NY 12534 Hon. Brenda K. Sannes, United States District Judge: MEMORANDUM-DECISION AND ORDER On July 16, 2019, Plaintiff pro se Ernestine Welch commenced this action by filing a complaint and a motion for leave to proceed in forma pauperis. (Dkt. Nos. 1, 2). This matter was referred to United States Magistrate Judge Daniel J. Stewart who, on October 1, 2019, issued a Report-Recommendation and Order recommending that Plaintiff’s Complaint be dismissed, with leave to replead. (Dkt. No. 10). Magistrate Judge Stewart advised Plaintiff that, under 28 U.S.C. § 636(b)(1), she had 14 days within which to file written objections to the Report- Recommendation, and that the failure to object to the Report-Recommendation within 14 days would preclude appellate review. (Id. at 10). Plaintiff did not file objections to the Report- Recommendation. On October 15, 2019, she filed an Amended Complaint. (Dkt. No. 11). 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 Stewart’s Report-Recommendation (Dkt. No. 10) is ADOPTED; and it is further ORDERED that Plaintiff’ s Complaint (Dkt. No. 1) is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim; and it is further ORDERED that the Amended Complaint (Dkt. No. 11) is referred to Magistrate Judge Stewart for review under 28 U.S.C. § 1915(e); and it is further ORDERED that the Clerk serve a copy of this Order on the Plaintiff in accordance with the Local Rules. IT IS SO ORDERED.

Dated: November 19, 2019 Syracuse, New York

Brenda K. Sannes U.S. District Judge