Opinion
5:22-cv-372 (BKS/DJS)
09-06-2022
CURTIS MCLAURIN, Plaintiff, v. CITY OF SYRACUSE POLICE DEPARTMENT and ONONDAGA COUNTY, Defendants.
Appearance: Plaintiff pro se Curtis Mclaurin 96002141 Onondaga County Justice Center
Appearance:
Plaintiff pro se
Curtis Mclaurin 96002141
Onondaga County Justice Center
MEMORANDUM-DECISION AND ORDER
HON. BRENDA K. SANNES, CHIEF, DISTRICT JUDGE
Plaintiff pro se Curtis Mclaurin brought this action on April 19, 2022, alleging, inter alia, that Defendants City of Syracuse Police Department and Onondaga County violated his federal rights. (Dkt. No. 1). This case was referred to United States Magistrate Judge Daniel J. Stewart who, on July 29, 2022, issued a Report-Recommendation recommending that Plaintiff's complaint be dismissed with leave to amend because “[i]t consists of a series of differently captioned documents that fail to specifically articulate Plaintiff's allegations.” (Dkt. No. 8, at 5, 7). Magistrate Judge Stewart noted that it “appear[ed] the allegations underlying the Complaint may relate to the filing of charges against Plaintiff in April 2022 that he alleges are false,” but that Plaintiff failed to “identify the factual basis for his claims or explain on what basis he has sued” Defendants. (Id. at 5). Magistrate Judge Stewart advised Plaintiff that, under 28 U.S.C. § 636(b)(1), he had fourteen days within which to file written objections to the Report Recommendation, and that failure to object within fourteen days would preclude appellate review. (Id. at 7-8). Plaintiff did not file an objection to the Report-Recommendation.
As no objection to the Report-Recommendation has been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue, 2 F.Supp.3d 223, 228-29 (N.D.N.Y. 2012); Fed.R.Civ.P. 72(b) advisory committee's note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety.
For these reasons, it is hereby
ORDERED that Magistrate Judge Stewart's Report-Recommendation (Dkt. No. 8) is ADOPTED; and it is further
ORDERED that Plaintiff's complaint is DISMISSED without prejudice, with leave to file an amended complaint; and it is further
ORDERED that any amended complaint must be filed within thirty (30) days of the date of this Order. Any amended complaint must be a complete pleading which will replace the current complaint in total; and it is further
ORDERED that if Plaintiff files a timely amended complaint, it shall be referred to Magistrate Judge Stewart for review; and if Plaintiff fails to file a timely amended complaint, the Clerk is directed to 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.