Ramos v. Rust

Filing 14

ORDER: that Magistrate Judge Dancks' February 9, 2017 13 Order and Report-Recommendation is Accepted in its entirety for the reasons stated therein; that Plaintiff's Amended Complaint, see Dkt. No. 11, is Dismissed with prejudice as again st Defendant Rust; that Plaintiff's Amended Complaint against Defendant Culick is Dismissed without prejudice, but without leave to amend as to his Fourteenth Amendment due process claim; that Plaintiff's Amended Complaint against Defendant Culick is Dismissed without prejudice and with leave to amend as to his First Amendment access-to-courts claim; that if Plaintiff wishes to proceed with his First Amendment access-to-courts claim, he must file a signed amended complaint that cures t he pleading defects that Magistrate Judge Dancks identified in her February 9, 2017 Order and Report-Recommendation; that, upon Plaintiff's full compliance with this Order, the Clerk of the Court shall return the file to this Court for further r eview; that, if Plaintiff fails to comply fully with the terms of this Order within thirty (30) days from its filing date, the Clerk of the Court shall enter Judgment indicating that this action is Dismissed with prejudice, without further order of t his Court, pursuant to 28 U.S.C. 1915A(b), for failure to state a claim upon which relief may be granted and that the Clerk of the Court shall serve a copy of this Order on Plaintiff in accordance with the Local Rules. Signed by Senior Judge Frederick J. Scullin, Jr on 03/02/2017. (Copy served upon pro se plaintiff via regular mail on 3/2/2017.)(hmr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
IVAN RAMOS,
Plaintiff,
v.

6:16-CV-1312
(FJS/TWD)

GREGORY J. CULICK, Chief of Amsterdam Police
Department, and SERGEANT CARL J. RUST,
Amsterdam Police Department,

Defendants.
_____________________________________________
APPEARANCES

OF COUNSEL

IVAN RAMOS
12-B-2475
Green Haven Correctional Facility
P. O. Box 4000
Stormville, New York 12582
Plaintiff pro se

SCULLIN, Senior Judge
ORDER
Currently before the Court is Magistrate Judge Dancks' February 9, 2017 Order and
Report-Recommendation, in which she recommended that this Court dismiss Plaintiff’s
Amended Complaint with prejudice as against Defendant Rust for failure to state a claim. See
Dkt. No. 13 at 12. She also recommended that this Court dismiss the Amended Complaint
against Defendant Culick without prejudice, but without leave to amend, as to his Fourteenth
Amendment due process claim and without prejudice and with leave to amend as to his First
Amendment access-to-courts claim. See Id. The parties did not file any objections to these
recommendations.

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. § 636(b)(1)(C)).
The Court has reviewed Magistrate Judge Dancks' February 9, 2017 Order and ReportRecommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Dancks’ February 9, 2017 Order and ReportRecommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court
further
ORDERS that Plaintiff’s Amended Complaint, see Dkt. No. 11, is DISMISSED with
prejudice as against Defendant Rust; and the Court further
ORDERS that Plaintiff’s Amended Complaint against Defendant Culick is DISMISSED
without prejudice, but without leave to amend as to his Fourteenth Amendment due process
claim; and the Court further
ORDERS that Plaintiff’s Amended Complaint against Defendant Culick is DISMISSED
without prejudice and with leave to amend as to his First Amendment access-to-courts claim;
and the Court further
ORDERS that, if Plaintiff wishes to proceed with his First Amendment access-to-courts
claim, he must file a signed amended complaint that cures the pleading defects that Magistrate
Judge Dancks identified in her February 9, 2017 Order and Report-Recommendation; and the
Court further

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ORDERS that, upon Plaintiff’s full compliance with this Order, the Clerk of the Court
shall return the file to this Court for further review; and the Court further
ORDERS that, if Plaintiff fails to comply fully with the terms of this Order within thirty
(30) days from its filing date, the Clerk of the Court shall enter Judgment indicating that this
action is DISMISSED with prejudice, without further order of this Court, pursuant to 28 U.S.C.
§1915A(b), for failure to state a claim upon which relief may be granted; 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: March 2, 2017
Syracuse, New York

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