Opinion
6:23-CV-1119
11-30-2023
WILLIE THOMAS GOSIER, Plaintiff, v. UTICA POLICE DEPARTMENT et al., Defendants.
WILLIE THOMAS GOSIER Plaintiff, Pro Se
WILLIE THOMAS GOSIER Plaintiff, Pro Se
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD UNITED STATES DISTRICT JUDGE
On September 1, 2023, pro se plaintiff Willie Thomas Gosier (“plaintiff'), who is confined at Oneida County Correctional Facility, filed this action alleging that various defendants employed by the City of Utica violated his civil rights. Dkt. No. 1. Along with his complaint, plaintiff also sought leave to proceed in forma pauperis (“IFP Application”). Dkt. Nos. 2, 4-5.
On November 14, 2023, U.S. Magistrate Judge Therese Wiley Dancks granted plaintiff's IFP Application, conducted an initial review of his pleading, and advised by Report & Recommendation (“R&R”) that plaintiff's complaint be dismissed with leave to amend. Dkt. No. 8.
Plaintiff has not filed objections to the R&R. In the ordinary course, this Court would review the R&R and, if it was accepted and adopted, would set a thirty-day period in which plaintiff could submit an amended complaint that conforms with the instructions set forth by Judge Dancks.
Here, however, plaintiff has skipped a step: he has just gone ahead and filed an amended pleading. Dkt. No. 9. Thus, upon review for clear error, the R&R is accepted and will be adopted. See FED. R. CIV. P. 72(b). The amended pleading will be referred to Judge Dancks for review as appropriate.
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 8) is ACCEPTED;
2. Plaintiff's complaint (Dkt. No. 1) is DISMISSED with leave to amend; and
3. Plaintiff's amended complaint (Dkt. No. 9) is REFERRED to Judge Dancks for further review as appropriate.
The Clerk of the Court is directed to terminate the pending motion and set the referral appropriately.
IT IS SO ORDERED.