Gosier v. Collins et al

Filing 5

ORDER ON REPORT & RECOMMENDATION: ORDERED that 1. The Report & Recommendation is ACCEPTED; 2. Plaintiffs complaint is DISMISSED with leave to amend; 3. Plaintiff shall have thirty (30) days in which to file an amended complaint that conforms with the specific instructions set forth in the R&R; 4. If plaintiff timely files an amended pleading, the Clerk is directed to return the matter to Judge Dancks for further review as appropriate; 5. If plaintiff does not timely file an amended pleading, the Clerk is directed to close this matter without further Order of the Court. IT IS SO ORDERED. Signed by Judge David N. Hurd on 3/27/2024. (Copy served via regular mail)(khr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------WILLIE THOMAS GOSIER,
Plaintiff,
-v-

6:23-CV-1485

DAVID J. COLLINS et al.,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

WILLIE THOMAS GOSIER
Plaintiff, Pro Se
22-B-2574
Elmira Correctional Facility
P.O. Box 500
Elmira, NY 14902
DAVID N. HURD
United States District Judge
ORDER ON REPORT & RECOMMENDATION
On November 29, 2023, pro se plaintiff Willie Thomas Gosier (“plaintiff”),
who was recently released to State parole, filed this 42 U.S.C. § 1983 action
alleging that the defendants violated his civil rights during a traffic stop in
Rome, New York. Dkt. No. 1. Along with his complaint, plaintiff moved for
leave to proceed in forma pauperis (“IFP Application”). Dkt. Nos. 2, 3.

On March 8, 2024, U.S. Magistrate Judge Thérèse Wiley Dancks granted
plaintiff’s IFP Application and advised by Report & Recommendation (“R&R”)
that plaintiff’s complaint be dismissed with leave to amend. Dkt. No. 4.
Plaintiff has not filed objections, and the time period in which to do so has
expired. See Dkt. No. 4. Upon de novo review, the R&R is accepted and will
be adopted. See 28 U.S.C. § 636(b)(1)(C).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED;
2. Plaintiff’s complaint is DISMISSED with leave to amend;
3. Plaintiff shall have thirty (30) days in which to file an amended
complaint that conforms with the specific instructions set forth in the R&R;
4. If plaintiff timely files an amended pleading, the Clerk is directed to
return the matter to Judge Dancks for further review as appropriate;
5. If plaintiff does not timely file an amended pleading, the Clerk is
directed to close this matter without further Order of the Court.
IT IS SO ORDERED.

Dated: March 27, 2024
Utica, New York.

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