Nakia Chaney v. Raybens Enterprises, a/k/a Green Facilities Solutions; Raytice Spencer; Donna Mackey; Jose Marrucci; Alberto Puertas; Green Facilities Solutions, a/k/a Raybens Enterprises; and State of New York

Summary

The United States District Court for the Northern District of New York adopted a magistrate judge’s Report-Recommendation in this pro se civil rights and employment action. The court dismissed the plaintiff’s claims under 42 U.S.C. § 1983 and Title VII claims against an individual defendant with prejudice, dismissed Title VII claims against the corporate defendants without prejudice for failure to exhaust administrative remedies, and dismissed state-law claims without prejudice to refiling in state court.

Holdings

1. Objections that do not identify with particularity the portions of the report-recommendation challenged and the basis for the challenge are not sufficiently specific to preserve the issue for review.
2. When no specific objection is made, the district court reviews the report-recommendation for clear error; when a specific objection is made, the challenged portion receives de novo review.
3. The magistrate judge's recommendations were accepted and adopted: the § 1983 claims and the Title VII claims against Jose Marrucci were dismissed with prejudice; the Title VII claims against Raybens Enterprises and Green Facilities Solutions were dismissed without prejudice for failure to exhaust administrative remedies; and the state-law claims were dismissed without prejudice to refiling in state court within the governing limitations period.

Questions Presented

1. Whether Plaintiff's objections were sufficiently specific to trigger de novo review of the challenged portions of the magistrate judge's Report-Recommendation.
2. Whether the Report-Recommendation should be accepted and adopted where Plaintiff made no specific objection and the district court found no clear error.
3. Whether the recommended dispositions of the § 1983, Title VII, and state-law claims should be entered.

Disposition

dismissed