Opinion
1:14-CV-0641 (GTS/RFT)
02-10-2015
GAELEN EDWARD SMILEY, Plaintiff, v. GOLUB CORPORATION, Defendant.
APPEARANCES: GAELEN EDWARD SMILEY Plaintiff, Pro Se 29 Clifford Road Menands, New York 12204
APPEARANCES: GAELEN EDWARD SMILEY
Plaintiff, Pro Se
29 Clifford Road
Menands, New York 12204
GLENN T. SUDDABY, United States District Judge DECISION and ORDER
Currently before the Court, in this pro se civil rights action filed by Gaelen Edward Smiley ("Plaintiff") against Golub Corporation ("Defendant") arising from Plaintiff's termination of employment by Defendant in July 2003, is United States Magistrate Judge Randolph F. Treece's Report-Recommendation recommending that Plaintiff's Complaint be sua sponte dismissed for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (Dkt. No. 5.) Plaintiff has not filed an objection to the Report-Recommendation and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Treece employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 5.)
Generally, Plaintiff alleges that, because of his race, Defendant terminated his employment, subjected him to unequal terms and conditions of employment, and retaliated against him. (See generally Dkt. No. 1 [Complaint].)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Treece's Report-Recommendation (Dkt. No. 5) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED .
The Clerk of the Court is directed to enter judgment for Defendant and close this case.
The Court certifies, for purposes of 28 U.S.C. § 1915(a)(3), that any appeal taken from this Decision and Order would not be taken in good faith. Dated: February 10, 2015
Syracuse, New York
/s/_________
Hon. Glenn T. Suddaby
U.S. District Judge