Cleveland, Sr. et al v. Schenectady County Department of Children and Families et al

Filing 11

MEMORANDUM-DECISION AND ORDER adopting Report and Recommendations re 8 Report and Recommendations.; finding as moot 9 Letter Request, 8 REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Angela I. Cleveland, Michael J. Cleveland, Sr. ORDERED that the Report-Recommendation and Order (Dkt. No. 8) is accepted, with the exception that the recommended ordering paragraphs are corrected to reflect that the claims against James Martain, Alexandera Verrigni, Esq., Phil Ankerman, Tina Cheetham-Colon, and Cheryl Cawley are dismissed without prejudice; and it is further ORDERED that the claims in the complaint (Dkt. No. 1) against Mark Powers, Michael Godlewski, Schenectady County Department of Children and Families, Schenectady County Conflict Defenders Office, and Schenectady County Sheriffs Department are dismissed with prejudice; and it is further ORDERED that the claims in the complaint (Dkt. No. 1) against Paul Brady, Tina Cheetham-Colon, Cheryl Cawley, Julie Bailey , Shainna More, Nicole Nelson, Della Ferraro, Mandi Clegg, Gewenthen Jerome, Michael Malone, Tina Tronetti-Hotvet, Steve Borden, Valerie Valente, Page Lerret, James Martain, Alexandera Verrigni, Esq., Northeast Parent and Child Society, Berkshire Farms, Kathie Voisine-Maruska, Det. Sherman, Phil Ankerman, and Randy Debenham are dismissed without prejudice. IT IS SO ORDERED. Signed by Senior Judge Norman A. Mordue on 2/1/2017. (khr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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MICHAEL J. CLEVELAND, SR., and ANGELA I.
CLEVELAND,
Plaintiffs,
vs.

1:16-CV-1235 (NAM/DJS)

SCHENECTADY COUNTY DEPARTMENT OF
CHILDREN AND FAMILIES, et al.,
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Defendants.
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APPEARANCES:
MICHAEL J. CLEVELAND, SR.
73 14TH Street
Troy, New York 12305
Plaintiff, Pro Se
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ANGELA I. CLEVELAND
73 14TH Street
Troy, New York 12305
Plaintiff, Pro Se

Norman A. Mordue, Senior U.S. District Judge
MEMORANDUM-DECISION AND ORDER
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Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States
Magistrate Daniel J. Stewart issued a Report-Recommendation and Order (Dkt. No. 8) granting
plaintiffs’ motions to proceed in forma pauperis and conducting initial review of their pro se
complaint. See 28 U.S.C. § 1915(e)(2)(B). In his report, Magistrate Judge Stewart recommends
that the case proceed against defendant Schenectady County on plaintiffs’ claim under Monell v.
Department of Social Servs., 436 U.S. 658, 690 (1978); that plaintiffs’ claims against defendants
Mark Powers, Michael Godlewski, Schenectady County Department of Children and Families,

Schenectady County Conflict Defenders Office, and Schenectady County Sheriff’s Department be
dismissed with prejudice; that plaintiffs’ claims against the remaining defendants be dismissed
without prejudice; and that plaintiffs be given leave to file an amended complaint. The Court
adopts the Report and Recommendation, except for what appear to be clerical errors in the first
and second recommended ordering paragraphs.1 The ordering paragraphs below reflect the
Court’s corrections.2
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It is therefore
ORDERED that the Report-Recommendation and Order (Dkt. No. 8) is accepted, with the
exception that the recommended ordering paragraphs are corrected to reflect that the claims
against James Martain, Alexandera Verrigni, Esq., Phil Ankerman, Tina Cheetham-Colon, and
Cheryl Cawley are dismissed without prejudice; and it is further

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ORDERED that the claims in the complaint (Dkt. No. 1) against Mark Powers, Michael
Godlewski, Schenectady County Department of Children and Families, Schenectady County
Conflict Defenders Office, and Schenectady County Sheriff’s Department are dismissed with
prejudice; and it is further
ORDERED that the claims in the complaint (Dkt. No. 1) against Paul Brady, Tina

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1

The body of the Report and Recommendation properly recommends that the claims against
James Martain, Alexandera Verrigni, Esq., and Phil Ankerman be dismissed without prejudice; however,
the first recommended ordering paragraph appears to recommend that the claims against them be
dismissed with prejudice. In addition, although the body of the Report and Recommendation properly
recommends that the claims against Tina Cheetham-Colon and Cheryl Cawley be dismissed without
prejudice, they are not mentioned in the recommended ordering paragraphs.
2

Plaintiffs have already filed an amended complaint (Dkt. No. 10) in which James Martain,
Alexandera Verrigni, Esq., Phil Ankerman, Tina Cheetham-Colon, and Cheryl Cawley are again named
as defendants; thus, the clerical errors in the recommended ordering paragraphs did not prevent plaintiffs
from pursuing their claims against these defendants.

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Cheetham-Colon, Cheryl Cawley, Julie Bailey, Shainna More, Nicole Nelson, Della Ferraro,
Mandi Clegg, Gewenthen Jerome, Michael Malone, Tina Tronetti-Hotvet, Steve Borden, Valerie
Valente, Page Lerret, James Martain, Alexandera Verrigni, Esq., Northeast Parent and Child
Society, Berkshire Farms, Kathie Voisine-Maruska, Det. Sherman, Phil Ankerman, and Randy
Debenham are dismissed without prejudice; and it is further
ORDERED that the complaint (Dkt. No. 1) adequately states a Monell claim against
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Schenectady County; and it is further
ORDERED that, because plaintiffs have already filed an amended complaint (Dkt. No.
10), the letter motion seeking an extension of time to file an amended complaint (Dkt. No. 9) is
denied as moot; and it is further
ORDERED that the Clerk of the Court shall return the matter to Magistrate for further

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proceedings; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Order upon all parties
and the Magistrate Judge assigned to this case.
IT IS SO ORDERED.

Dated: February 1, 2017
Syracuse, New York
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