Ramos v. Rust
ORDER: The Court hereby ORDERS that Magistrate Judge Dancks' December 8, 2016 Order and Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein. The Court hereby ORDERS that Plaintiff's # 11 amended complaint is REFERRED to Magistrate Judge Dancks for review. Signed by Senior Judge Frederick J. Scullin, Jr. on 2/2/2017. [Copy served upon pro se plaintiff via regular mail.] (nmk)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
CARL J. RUST, Amsterdam Police Department,
Green Haven Correctional Facility
P.O. Box 4000
Stormville, New York 12582
Plaintiff pro se
Plaintiff commenced this action against Defendant Rust, a Sergeant with the Amsterdam
Police Department, pursuant to 42 U.S.C. § 1983. See Dkt. No. 1.
On December 8, 2016, Magistrate Judge Dancks issued an Order and ReportRecommendation, in which she, among other things, recommended that this Court dismiss
Plaintiff's complaint without prejudice and with leave to amend. See Dkt. No. 8 at 6.
Although Plaintiff did not file any objections to Magistrate Judge Dancks' recommendations,
he did file an amended complaint. See Dkt. No. 11.1
Plaintiff may have filed his amended complaint based on his conclusion that, in order to
comply with Magistrate Judge Dancks' Order and Report-Recommendation, he needed to do so.
In any event, Plaintiff had a right to file said amended complaint pursuant to Rule 15(a)(1) of the
Federal Rules of Civil Procedure.
When a party does not object to a magistrate judge's report-recommendation, the court
reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik,
No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote
omitted). After conducting this review, "the Court may 'accept, reject, or modify, in whole or in
part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C.
The Court has reviewed Magistrate Judge Dancks' December 8, 2016 Order and ReportRecommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Dancks' December 8, 2016 Order and ReportRecommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court
ORDERS that Plaintiff's amended complaint, see Dkt. No. 11, is REFERRED to
Magistrate Judge Dancks for review; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on Plaintiff in
accordance with the Local Rules.
IT IS SO ORDERED.
Dated: February 2, 2017
Syracuse, New York
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