Israel et al v. Guinn et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ABRAHAM SHITRAI ISRAEL,
Plaintiff,
v.
BARBARA GUINN, et al.,
Defendants.
5:25-cv-00248 (BKS/MJK)
Appearances:
Plaintiffs Pro se:
Abraham Shitrai Israel
Buffalo, NY 14208
Hon. Brenda K. Sannes, United States District Judge:
MEMORANDUM-DECISION AND ORDER
I. 	INTRODUCTION
Plaintiff pro se Abraham Shitrai Israel filed this action under 42 U.S.C. § 1983, alleging
violations of the Eighth and Fourteenth Amendments, the Fair Housing Act, 42 U.S.C. § 3601 et
seq., the New York State Constitution, and various state laws. (Dkt. No. 1). On October 16,
2025, the Court issued a Memorandum-Decision and Order adopting, in part, United States
Magistrate Judge Mitchell J. Katz’s Report-Recommendation, (Dkt. No. 6), and dismissing the
Complaint, (Dkt. No. 16). The Court granted Plaintiff leave to replead certain claims and advised
that failure to file an amended complaint within thirty days would result in the closure of this
case and entry of judgment. (Dkt. No. 16, at 15). No amended complaint was filed and on
December 17, 2025, the Court closed this case and entered judgment accordingly. (Dkt. No. 23).
On January 16, 2026, Plaintiff filed a letter requesting an extension of time to file an amended
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complaint. (Dkt. No. 25). In light of Plaintiff’s pro se status, the Court liberally construed
Plaintiff’s letter as a motion to vacate judgment under Federal Rule of Civil Procedure 60,
vacated judgment, and granted Plaintiff thirty days to file an amended complaint. (Dkt. No. 26).
On February 7, 2026, Plaintiff filed an Amended Complaint. (Dkt. No. 27). This action was
again referred to Magistrate Judge Katz for an initial review pursuant to 28 U.S.C. § 1915(e)(2)
and Local Rule 72.3(d). On April 24, 2026, Magistrate Judge Katz issued a Report-
Recommendation recommending that the Court dismiss Plaintiff’s federal claims with prejudice
and without leave to replead and that the Court decline to exercise supplemental jurisdiction over
Plaintiff’s state law claims. (Dkt. No. 28, at 23–25). Magistrate Judge Katz advised Plaintiff 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. (Id. at 26). Plaintiff filed no objections to the Report-Recommendation.
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
Nambiar v. Cent. Orthopedic Grp., LLP, 158 F.4th 349, 359 (2d Cir. 2025); Fed. R. Civ. P. 72(b)
advisory committee’s note to 1983 amendment. Having reviewed the Report-Recommendation
and having found no clear error, the Court adopts the Report-Recommendation in its entirety.
II. 	CONCLUSION
For these reasons, it is hereby
ORDERED that the Report-Recommendation (Dkt. No. 28) is ADOPTED in its
entirety; and it is further
ORDERED that the federal claims in Plaintiff’s Amended Complaint (Dkt. No. 27) are
DISMISSED with prejudice and without leave to amend; and it is further
ORDERED that the Court declines to exercise supplemental jurisdiction over the state
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law claims in Plaintiff’s Amended Complaint; and it is further
ORDERED that the state law claims are DISMISSED without prejudice; and it is
further
ORDERED that the Clerk is directed to enter judgment and 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 IS SO ORDERED.
Dated: May 27, 2026
Syracuse, New York
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