Irvine v. City of Syracuse et al

Filing 10

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, )

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.

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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

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