Summary
dismissing the pro se plaintiff's complaint without prejudice where he failed to plead personal involvement on behalf of the defendant, a municipality, and failed to name the acting officers as defendants in the action
Summary of this case from Morgan v. City of UticaOpinion
6:13-CV-1420
05-28-2015
BRODICE LAWSON, SR., Plaintiff, v. LIZ CESARI, SARA MEITZ, UTICA POLICE DEPARTMENT, Defendants.
DECISION and ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
In the Report-Recommendation, the Magistrate Judge recommends that Plaintiff's Amended Complaint naming the Utica Police Department as sole Defendant be dismissed without leave to amend. No objections to the April 1, 2015 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.
It is, therefore, ORDERED that: (1) the complaint is DISMISSED without leave to amend; (2) that the Clerk serve a copy of this Order on Plaintiff by regular mail. IT IS SO ORDERED. Dated: May 28, 2015
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge