Opinion
5:23-CV-240
05-10-2023
RAMAINE WILLIAMS, Plaintiff, v. CITY OF AUBURN, NY, et al., Defendants.
RAMAINE WILLIAMS Plaintiff, Pro Se
RAMAINE WILLIAMS Plaintiff, Pro Se
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD United States District Judge
On January 23, 2023, pro se plaintiff Ramaine Williams (“plaintiff'), who is currently confined at the Cayuga County Jail, filed this 42 U.S.C. § 1983 civil rights action in the U.S. District Court for the Western District of New York alleging constitutional violations arising from his arrest, prosecution, and detention. Dkt. No. 1. Along with his complaint, plaintiff sought leave to proceed in forma pauperis (“IFP Application”). Dkt. Nos. 2, 5. Thereafter, the action was transferred to this judicial district after U.S. District Judge John L. Sinatra, Jr., sitting in the Western District of New York, concluded that plaintiff had mislaid venue there. Dkt. Nos. 6, 7.
On April 17, 2023, U.S. Magistrate Judge Therese Wiley Dancks conducted an initial review of the complaint, granted the IFP Application for the purpose of filing, and advised by Report & Recommendation (“R&R”) that plaintiffs complaint be dismissed without leave to amend. Dkt. No. 8. As Judge Dancks explained, plaintiffs complaint advances § 1983 claims that are all barred by the Supreme Court's decision in Heck v. Humphrey, 512 U.S. 477 (1994), because his claims would necessarily imply the invalidity of his underlying conviction in state court. Id.
Plaintiff has not filed objections. Dkt. No. 8. The time period in which to do so has expired. See id. Upon review for clear error, the R&R is accepted and will be adopted in all respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED; and
2. Plaintiffs complaint is DISMISSED without leave to replead.
The Clerk of the Court is directed to close the file.
IT IS SO ORDERED.