Opinion
5:18-CV-00255 (TJM/TWD)
05-04-2018
SHAUN P. GARVEY, Plaintiff, v. WEGMANS, ONONDAGA COUNTY SHERIFF'S DEPARTMENT, Defendants.
DECISION and ORDER
I. INTRODUCTION
This pro se action was referred to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for initial review pursuant to 28 U.S.C. §§ 1915(e) and 1915A. No objections to Magistrate Judge Dancks' Order and Report-Recommendation [dkt. # 5] have been filed, and the time to do so has expired.
II. DISCUSSION
After examining the record, this Court has determined that the recommendations in the Order and Report-Recommendation are not subject to attack for plain error or manifest injustice.
III. CONCLUSION
Accordingly, the Court ADOPTS the recommendations in the Order and Report-Recommendation [dkt. # 5] for the reasons stated therein. Therefore, it is hereby
ORDERED that Plaintiff's complaint (dkt. # 1) is DISMISSED on initial review under 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A; and it is further
ORDERED that dismissal of Plaintiff's § 1983 claims is WITH PREJUDICE AND WITHOUT LEAVE TO AMEND; and it is further
ORDERED that dismissal of Plaintiff's state law negligence and false arrest claims is WITHOUT PREJUDICE to refiling in state court because the Court declines to exercise supplemental jurisdiction over these claims.
IT IS SO ORDERED.
Dated.May 4, 2018
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge