THOMAS J. McAVOY, Senior District Judge.
This pro se action was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a 28 U.S.C. § 1915(e) review of Plaintiff's Second Amended Complaint. In conducting this review, Magistrate Judge Hummel afforded Plaintiff the special solicitude due pro se litigants, and incorporated into the Second Amended Complaint allegations contained in an incomplete document entitled "Third Amended Complaint."
The Court will treat this letter as objections to the April 21, 2016 Report-Recommendation and Order.
When objections to a magistrate judge's report and recommendation are lodged, the district court makes a "de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."
General or conclusory objections, or objections which merely recite the same arguments presented to the magistrate judge, are reviewed for clear error.
The first order of business is addressing the pleading that Plaintiff contends is his "formal 3
After Magistrate Judge Hummel performed a 28 U.S.C. § 1915(e) review of Plaintiff's Amended Complaint, the Court adopted Magistrate Judge Hummel's recommendations and granted Plaintiff leave to file a second amended complaint. Plaintiff filed his Second Amended Complaint, which was also referred to Magistrate Judge Hummel for a 28 U.S.C. § 1915(e) review. Plaintiff then filed an incomplete pleading entitled "Third Amended Complaint," which, giving Plaintiff the solicitude due a pro se litigant, Magistrate Judge Hummel incorporated into the Second Amended Complaint. Thus, the "formal 3
Despite the solicitude afforded Plaintiff, his pro se status does not entitle him to file amended pleadings ad infinitum attempting to rectify deficiencies in prior pleadings. Federal Rule of Civil Procedure 15 provides that a party may amend his pleading "once as a matter of course," and may otherwise amend (1) with the opposing party's written consent, or, (2) the Court's leave. Plaintiff has neither presented the Defendants' written consent for his fourth amendment, nor received the Court's leave for that purpose. Thus, the Court will not consider Plaintiff's "formal 3
Moving on, the Court has considered that much of Plaintiff's May 2, 2016 letter that could be deemed objections to the Report-Recommendation and Order, and has completed a de novo review of the issues raised by those objections. Having done so, the Court accepts and adopts Magistrate Judge Hummel's recommendations for the reasons stated in his thorough report.
In conclusion, the Court accepts and adopts Magistrate Judge Hummel's April 21, 2016 Report-Recommendation and Order, Dkt. No. 29, in its entirety. Therefore, it is hereby
(1) Plaintiff's "Third Amended Complaint," Dkt. No. 25, will be interpreted as a supplement to Plaintiff's Second Amended Complaint, Dkt. No. 22, and that (a) paragraphs 51 and 52 of the "Third Amended Complaint" are read to replace paragraphs 51 and 52 of the Second Amended Complaint, and (b) the exhibits attached to the "Third Amended Complaint" are considered exhibits to the Second Amended Complaint;
(2) Plaintiff's Eleventh Cause of Action against GE Company for "Unequal Opportunity Employer" shall be read as an unconscionability claim against GE Company pursuant to state contracts law, and such claim may proceed;
(3) To the extent Plaintiff's Second Amended Complaint may be read as alleging claims against GE Transportation, GE Power & Water, and GE Energy Storage (GEMX Technologies, LLC) for (a) violations of the NYSHRL and (b) retaliation in violation of 42 U.S.C. § 1981, such claims are dismissed with prejudice and without opportunity to amend;
(4) Plaintiff's claim against defendant Craver for retaliation in violation of the New York State Human Rights Law may proceed;
(5) Plaintiff's claim against defendant Craver for retaliation in violation of 42 U.S.C. § 1981 may proceed;
(6) Plaintiff's claim against defendant Austin for retaliation in violation of 42 U.S.C. § 1981 may proceed;
(7) Insofar as Plaintiff's Second Amended Complaint may be read as alleging any claims against defendants Tom O'Donnell and Kristen Crisman, such claims are dismissed with prejudice and without opportunity to amend;
(8) In addition to the claims discussed above, the following claims survive the Section 1915(e) initial review for the reasons stated in Magistrate Judge Hummel's January 12, 2016 Report-Recommendation and Order, Dkt. No. 17, adopted by the undersigned in a February 4, 2016 Decision and Order, Dkt. No. 18: