Opinion
5:20-CV-1489
12-16-2021
DERRICK WILSON, Plaintiff, v. COUNTY OF ONONDAGA et al., Defendants.
APPEARANCES: OF COUNSEL: DERRICK WILSON Plaintiff, Pro Se 21481-052 FEDERAL CORRECTIONAL INSTITUTION
APPEARANCES:
OF COUNSEL:
DERRICK WILSON
Plaintiff, Pro Se
21481-052
FEDERAL CORRECTIONAL INSTITUTION
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD United States District Judge
On December 4, 2020, pro se plaintiff Derrick Wilson (“plaintiff”) filed this 42 U.S.C. § 1983 action against various law enforcement officials as well as Onondaga County and the City of Syracuse alleging that all of the defendants engaged in a seventeen-year-long conspiracy to fabricate evidence and frame him for murder. Dkt. No. 1. Plaintiff also sought leave to proceed in forma pauperis (“IFP application”). Dkt. Nos. 2, 3.
On April 21, 2021, following an initial review of the pleading, U.S. Magistrate Judge Thérèse Wiley Dancks granted plaintiff's IFP application and advised by Report & Recommendation (“R&R”) that plaintiff's complaint be dismissed in part. Dkt. No. 10. Plaintiff has filed objections. Dkt. No. 11.
Upon de novo review of the portions to which plaintiff has objected, the R&R is accepted and will be adopted. See 28 U.S.C. § 636(b)(1)(C).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED;
2. The Clerk of the Court shall provide the Superintendent of the facility that plaintiff has designated as his current location with a copy of plaintiff's inmate authorization form (Dkt. No. 6) and notify that official that plaintiff has filed this action and is required to pay to the Northern District of New York the entire statutory filing fee of $350 in installments, over time, pursuant to 28 U.S.C. § 1915;
3. Plaintiff's complaint is DISMISSED IN ITS ENTIRETY against defendants Fitzpatrick, Dougherty, Doran, Ferrante, and Freedman;
4. Plaintiff's § 1983 fabrication-of-evidence claim against defendants Proud, Lundborg, Nolan, Babbage, Collins, Galineu, Gossin, Kittel, Hilton, Quatrone, Corrado, Kreso, and Kurimsky in their individual capacities SURVIVES initial review and requires a response; and
5. Plaintiffs complaint is otherwise DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND pursuant to 28 U.S.C. § 1915(e) and § 1915A for failure to state a claim upon which relief may be granted.
IT IS SO ORDERED.