McDowell v. McDonough et al

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Case 1:21-cv-00338-JLS-JJM Document 40 Filed 09/14/22 Page 1of3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

TYRONE MCDOWELL,
Plaintiff,
Vv. 21-CV-338 (JLS) (JJM)
DENIS MCDONOUGH, Secretary
Department of Veterans Affairs,
BRIAN STILLER, DANIELLE
BERGMAN, GRACE
STRINGFELLOW,

Defendants.

DECISION AND ORDER

Plaintiff Tyrone McDowell commenced this action on March 3, 2021 alleging
discrimination on the basis of race and color, harassment, and retaliation in
violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). Dkt. 1. On
December 22, 2021, Defendants Bergman, Stiller, and Stringfellow moved to
dismiss the Complaint. Dkt. 14. Plaintiff opposed Defendants’ motion. Dkt. 24.
Bergman, Stiller, and Stringfellow replied in further support of their motion. Dkt.
26. This Court referred the case to United States Magistrate Judge Jeremiah J.
McCarthy for all proceedings under 28 U.S.C. §§ 636(b)(1)(A) and (B). Dkt. 17.

On August 1, 2022, Judge McCarthy issued a Report and Recommendation
(“R&R”) recommending that this Court grant the motion dismiss filed by

Defendants Bergman, Stiller, and Stringfellow (Dkt. 14). Dkt. 37. Neither party

AUTHENTICATED
U.S. GOVERNMENT.
INFORMATION

GPO.

Case 1:21-cv-00338-JLS-JJM Document 40 Filed 09/14/22 Page 2 of 3

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)(3). 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
McCarthy’s R&R. Based on that review, and absent any objections, the Court

accepts and adopts the R&R.

Case 1:21-cv-00338-JLS-JJM Document 40 Filed 09/14/22 Page 3of3

For the reasons stated above and in the R&R, the Court GRANTS these
Defendants’ motion to dismiss (Dkt. 14). All claims against Defendants Bergman,
Stiller, and Stringfellow are dismissed. The Clerk of Court shall terminate
Defendants Bergman, Stiller, and Stringfellow from the case. The case remains
with Judge McCarthy for further proceedings consistent with the December 22,

2021 referral order (Dkt. 17).

SO ORDERED.

Dated: September 14, 2022
Buffalo, New York

S

J SINATRA, JR”
ITED STATES DISTRICT JUDGE