DeRocha v. Crouse Hospital
ORDER adopting Report and Recommendations re 5 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Lovric Order and Report-Recommendation is ADOPTED in its entirety for the reasons set forth herein; and the Court further ORDE RS that Plaintiff's complaint (Dkt. No. 1) is dismissed without prejudice and with leave to amend; and the Court furtherORDERS that Plaintiff shall file his amended complaint within THIRTY (30) DAYS of the filing date of this Order; and the Cour t further ORDERS that, if Plaintiff fails to file an amended complaint within thirty (30) days ofthis Order, the Clerk of the Court shall enter judgment in Defendant's favor and close this case without further order of this Court; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/8/21. (Copy served via regular and certified mail upon plaintiff)(ban)
Case 5:21-cv-00683-MAD-ML Document 6 Filed 09/08/21 Page 1 of 4
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
753 James Street
Syracuse, New York 13203
Plaintiff, pro se
Mae A. D'Agostino, U.S. District Judge:
Plaintiff, Matthew DeRocha, commenced this action pro se on June 11, 2021, against
Defendant, Crouse Hospital, which is the only entity named in the caption of the complaint. See
Dkt. No. 1. Although Plaintiff writes his complaint on a form for civil rights violations pursuant
to 42 U.S.C. § 1983, he fails to assert in his complaint any specific constitutional right, federal
law, or state law which has been violated. Id. Plaintiff also filed an application to proceed in
forma pauperis. See Dkt. No. 2. On July 16, 2021, Magistrate Judge Lovric issued an Order and
Report-Recommendation granting Plaintiff's IFP application and recommending that Plaintiff's
complaint be dismissed with leave to replead. Dkt. No. 5. at 10.
"[I]n a pro se case, the court must view the submissions by a more lenient standard than
that accorded to 'formal pleadings drafted by lawyers.'" Govan v. Campbell, 289 F. Supp. 2d 289,
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295 (N.D.N.Y. 2007) (quoting Haines v. Kerner, 404 U.S. 519, 520 (1972)) (other citations
omitted). The Second Circuit has held that the court is obligated to "'make reasonable allowances
to protect pro se litigants'" from inadvertently forfeiting legal rights merely because they lack a
legal education. Govan, 289 F. Supp. 2d at 295 (quoting Traguth v. Zuck, 710 F.2d 90, 95 (2d
Plaintiff has not filed an objection to the Order and Report-Recommendation. When a
party files specific objections to a magistrate judge's order and report-recommendation, the
district court "make[s] a de novo determination of those portions of the report or specified
proposed findings or recommendation to which objection is made." 28 U.S.C. § 636(b)(1)(c).
However, "[g]eneral or conclusory objections, or objection which merely recite the same
arguments presented to the magistrate judge are reviewed for clear error." O'Diah v. Mawhir, o.
9:08-CV-322, 2011 WL 933846, *2 (N.D.N.Y. Mar. 16, 2011) (citations and footnote omitted).
After the appropriate review, "the court may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(c). Because
Plaintiff has not filed an objection, the Court will review the recommendation for clear error.
In the present matter, the Court finds that Magistrate Judge Lovric correctly determined
that Plaintiff's complaint fails to state a claim and that the Court lacks subject matter jurisdiction
over the state claims.1 Magistrate Judge Lovric correctly noted that while Plaintiff's complaint
references 42 U.S.C. § 1983, the section "creates no substantive rights; it merely provides
remedies for deprivations of rights established elsewhere." City of Oklahoma City v. Tuttle, 471
The court must interpret pro se complaints to raise the strongest arguments they suggest.
Soto v. Walker, 44 F.3d 169, 173 (2d Cir. 1995) (quoting Burgos v. Hopkins, 14 F.3d 787, 790 (2d
Cir. 1994)). Applying this standard, Magistrate Judge Lovric determined, and the Court agrees,
that Plaintiff's state claims could include malpractice, assault, harassment, and false
imprisonment. See Dkt. No. 5 at 3.
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U.S. 808, 816 (1985) (citation omitted); Thomas v. Roach, 165 F.3d 137, 142 (2d Cir. 1999)
(recognizing that Section 1983 creates no substantive rights). Plaintiff does not allege he was
deprived of any federal right. Plaintiff also fails to allege that any of Defendant's conduct is
"fairly attributable to the state." Fabrikant v. French, 691 F.3d 193, 207 (internal quotation marks
omitted); see also McGugan v. Aldana-Bernier, 752 F.3d 224, 229-31 (2d Cir. 2014) (holding that
a private hospital's involuntary commitment of a patient was not state action).
The Court also agrees with Magistrate Judge Lovric that the Court lacks subject matter
jurisdiction over Plaintiff's remaining New York state claims. Federal courts may decide state
law claims if they are supplemental to a federal claim or brought under diversity jurisdiction and
the matter in controversy exceeds $75,000. See 28 U.S.C. §§ 1367(a), 1332. The Court agrees
with Magistrate Judge Lovric that Plaintiff neither established a viable federal claim nor claimed
diversity jurisdiction pursuant to 28 U.S.C. § 1332. See Dkt. No. 5 at 8.
After carefully reviewing the Order and Report-Recommendation, Plaintiff's submissions,
and the applicable law, the Court hereby
ORDERS that Magistrate Judge Lovric Order and Report-Recommendation is
ADOPTED in its entirety for the reasons set forth herein; and the Court further
ORDERS that Plaintiff's complaint (Dkt. No. 1) is dismissed without prejudice and with
leave to amend; and the Court further
ORDERS that Plaintiff shall file his amended complaint within THIRTY (30) DAYS of
the filing date of this Order; and the Court further
ORDERS that, if Plaintiff fails to file an amended complaint within thirty (30) days of
this Order, the Clerk of the Court shall enter judgment in Defendant's favor and close this case
without further order of this Court; and the Court further
Case 5:21-cv-00683-MAD-ML Document 6 Filed 09/08/21 Page 4 of 4
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in
accordance with the Local Rules.
IT IS SO ORDERED.
Dated: September 8, 2021
Albany, New York
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