The opinion
UNITED STATES DISTRICT COURT Ko RIO 25
WESTERN DISTRICT OF NEW YORK Ss By
| FEB 11 2096
a La,
West LOEWENGUIH
DASSY D. PAWLICK, RN DISTRICT
Plaintiff,
v. 24-CV-978 (JLS) (JJM)
BUFFALO CITY SCHOOL DISTRICT,
also known as Buffalo Public Schools;
THE CITY OF BUFFALO BOARD OF
EDUCATION,
Defendants
DECISION AND ORDER
Plaintiff commenced this action, which seeks relief for sex, age, and disability
discrimination, against her former employer in October 2024, Dkt. 1. Defendant
moved to dismiss the complaint. Dkt. 5. Plaintiff responded. Dkt. 8. Defendant
did not reply.
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), (B), and (C). Dkt. 6.
On September 29, 2025, Judge McCarthy issued a Report and Recommendation
(“R&R”), recommending that this Court: (1) grant Defendants’ motion as to
Plaintiffs disability discrimination claim, with leave to amend; and (2) otherwise
deny Defendants’ motion. See Dkt. 10. No party filed objections, and the time to do
so has passed.
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)(3). It 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).
This Court carefully reviewed the R&R and the relevant record. Based on
that review, the Court accepts and adopts Judge McCarthy’s recommendation.
For the reasons stated above, and in the R&R, this Court GRANTS, IN
PART, AND DENIES, IN PART, Defendants’ motion to dismiss (Dkt. 5). Plaintiffs
disability discrimination claim is dismissed, with leave to amend.! Defendants’
motion otherwise is denied. The case is referred back to Judge McCarthy for
further proceedings, consistent with the referral order at Dkt. 6.
SO ORDERED.
Dated: February 11, 2026
Buffalo, New York
at L. SINATRA, JR.
TED STATES DISTRICT JUDGE
1 Any amended complaint shall be filed in accordance with a deadline to be set by
Judge McCarthy.