Irvine v. City of Syracuse et al, No. 5:2014cv01565 - Document 10 (N.D.N.Y 2015)
Court Description: DECISION and ORDER. The Court ADOPTS the Report and Recommendation, Dkt. No. 9 . ORDERED that with the exception of plaintiff's excessive force and deliberate medical indifference claims asserted against defendants Liadka and Cazzolli, the rem aining claims in this action (including all of those asserted against defendants Fougnier, Locastro, Walsh, and the City of Syracuse) are DISMISSED with leave to replead. Plaintiff must replead within 30 days from the date of this Decision and Order. Signed by Senior Judge Thomas J. McAvoy on 5/19/2015. [Copies of order sent by regular mail and certified return receipt] (lah, )
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Irvine v. City of Syracuse et al Doc. 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JASON IRVINE, Plaintiff, v. 5:14-CV-1565 CITY OF SYRACUSE, et al., Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David E. Peebles, United States Magistrate Judge, for initial review. In his April 22, 2015 Report and Recommendation, Magistrate Judge Peebles recommends that, with the exception of plaintiff’s excessive force and deliberate medical indifference claims asserted against defendants Liadka and Cazzolli, the remaining claims be dismissed with leave to replead. No objections to the Report and Recom mendation [dkt. # 9] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. 1 Dockets.Justia.com III. CONCLUSION Accordingly, the Court ADOPTS the Report and Recommendation [dkt. # 9] for the reasons stated therein. It is hereby ORDERED that with the exception of plaintiff’s excessive force and deliberate medical indifference claims asserted against defendants Liadka and Cazzolli, the remaining claims in this action (including all of those asserted against defendants Fougnier, Locastro, Walsh, and the City of Syracuse) are DISMISSED with leave to replead. If plaintiff intends to the replead the dismissed claims: (1) he must do so within 30 (thirty) days from the date of this Decision and Order; and, (2) he should heed the law referenced by Magistrate Judge Peebles, especially at pages 20-22 of the Report Recommendation. IT IS SO ORDERED. Dated:May 19, 2015 2
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