Lawson v. Cesari et al

Filing 32

DECISION & ORDER: It is Ordered that the # 31 Report and Recommendations are ADOPTED, therefore the # 1 Complaint is DISMISSED without leave to amend. The Clerk shall enter judgment and close this case. Signed by Senior Judge Thomas J. McAvoy on 5/28/2015. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------BRODICE LAWSON, SR.,
Plaintiff,
v.

6:13-CV-1420

LIZ CESARI, SARA MEITZ,
UTICA POLICE DEPARTMENT,
Defendants.
-------------------------------THOMAS J. McAVOY
United States District Judge
DECISION and ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the
Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report-Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
In the Report-Recommendation, the Magistrate Judge recommends that Plaintiff’s
Amended Complaint naming the Utica Police Department as sole Defendant be dismissed
without leave to amend. No objections to the April 1, 2015 Report-Recom mendation have
been raised. After examining the record, this Court has determined that the ReportRecommendation 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 complaint is DISMISSED without leave to amend;
(2) that the Clerk serve a copy of this Order on Plaintiff by regular mail.

IT IS SO ORDERED.
Dated: May 28, 2015

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