Dexter et al v. The City of Syracuse, New York et al

Filing 6

DECISION AND ORDER adopting 5 Report and Recommendations. The claims asserted under 42 U.S.C. 1983 against defts City of Syracuse, Stephanie Miner, and Frank Fowler in their individual capacites, be dismissed without prejudice; the claims asserted under 42 U.S.C. 1983 against deft Syracuse Police Dept,Stephanie Miner, Frank Fowler, A. Mahar, and M. Vella in their official capacities, be dismissed with prejudice; the negligence claim, to the extent it is asserted under 42 U.S.C. 1983, be dismis sed with prejudice; Pltfs may file an amended complaint by 7/2/14. If Pltfs fail to file an amended complaint, their original complaint will remain the operative pleading only as to defts Mahar, Vella and Doe in their individual capacities. Signed by Senior Judge Thomas J. McAvoy on 6/11/14. [Served by mail.] (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ALISHA DEXTER and LEMORRIS
DEXTER,
Plaintiffs,
v.

5:14-CV-0363

THE CITY OF SYRACUSE, et al.,
Defendants.
-------------------------------THOMAS J. McAVOY
Senior United States District Judge
DECISION and ORDER
This pro se 42 U.S.C. § 1983 action was referred to the Hon. David E. Peebles, Jr.
United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. §
636(b).
No objections to the May 6, 2014 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 claims asserted under 42 U.S.C. § 1983 against defendant City of Syracuse,
as well as defendants Stephanie Miner and Frank Fowler in their individual
capacities, be DISMISSED without prejudice;

(2) the claims asserted under 42 U.S.C. § 1983 against defendant Syracuse Police
Department, as well as defendants Stephanie Miner, Frank Fowler, A. Mahar, and
M. Vella in their official capacities, be DISMISSED with prejudice;
(3) the negligence claim, to the extent it is asserted under 42 U.S.C. § 1983, be
DISMISSED with prejudice;
(4) plaintiffs may file an amended complaint that complies with the requirements of
stated in Magistrate Judge Peeples order within 21 days.
(5) if plaintiffs fail to file an amended complaint in compliance with the requirements
of this Order, their original complaint will remain the operative pleading and this
matter shall proceed only as against defendants Mahar, Vella, and Doe in their
individual capacities.

IT IS SO ORDERED.
Dated: June 11, 2014

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