Opinion
5:19-CV-886
10-08-2019
LAYTONIA FLAGG, Plaintiff, v. NYS DIVISION OF PAROLE; MARK SABEN, Parole Officer; SYRACUSE POLICE DEPT.; DETECTIVE WILLIAM SUMMERS, ID#409; D.P. PROUD, ID# 0140; RICHARD CURRAN, ID# 0066; WILLIAM J. FITZPATRICK, Onondaga County, District Attorney; and SEAN CHASE, D.A., Defendants.
THOMAS J. McAVOY, Senior United States District Judge
DECISION & ORDER
I. INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). In his Order and Report-Recommendation dated August 15, 2019 (Dkt. No. 7), Magistrate Judge Baxter grants Plaintiff's application to proceed in forma pauperis, and examines the sufficiency of the allegations set forth in the Amended Complaint ("AC") in light of 28 U.S.C. § 1915. He recommends that the AC (Dkt. No. 3) be dismissed in its entirety as against defendants N.Y.S. Division of Parole, Syracuse Police Department, William J. Fitzpatrick, and Sean Chase; that to the extent that the AC may be read as naming Sgt. Llukaci or PO Rigby, the AC be dismissed without prejudice for failure to state a claim; and that if the Court adopts these recommendations that the case be returned to him for further proceedings, including an order serving the remaining defendants Saben, Summers, Proud, and Curran. No objections to the Report-Recommendation have been filed, and the time to do so has expired.
II. DISCUSSION
After examining the record, this Court has determined that the Order and Report-Recommendation is not subject to attack for plain error or manifest injustice.
III. CONCLUSION
Accordingly, the Court ACCEPTS and ADOPTS the recommendations in the Order and Report-Recommendation (Dkt. No. 7) for the reasons stated therein. Therefore, it is hereby
ORDERED that Plaintiff's Amended Complaint (Dkt. No. 3) is DISMISSED IN ITS ENTIRETY as against defendants N.Y.S. DIVISION OF PAROLE, SYRACUSE POLICE DEPARTMENT, WILLIAM J. FITZPATRICK, and SEAN CHASE, and it is further
ORDERED that to the extent the Amended Complaint may be read as naming SGT. LLUKACI or PO RIGBY, it is DISMISSED WITHOUT PREJUDICE for failure to state a claim, and it is further
ORDERED that the case be returned to Magistrate Judge Baxter for further proceedings, including an order serving the remaining defendants: SABEN, SUMMERS, PROUD, and CURRAN.
IT IS SO ORDERED.
Dated:October 8, 2019
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge