Bradford v. Watertown Police Department et al

Filing 16

DECISION AND ORDER: adopting the # 10 Report and Recommendations of Magistrate Judge Therese Wiley Dancks in whole See 28 U.S.C.§ 636(b)(1). Therefore, it is ORDERED that Plaintiff's # 1 Complaint is DISMISSED with prejudice as against defendant Watertown Police Department. Plaintiff's # 1 Complaint is DISMISSED with leave to amend as against defendant City of Watertown. If Plaintiff wishes to file an Amended Complaint, he must do so within thirty (30) days of the filing da te of this Decision and Order, and he is advised that an Amended Complaint will replace the prior Complaint in its entirety. Signed by Judge David N. Hurd on 3/24/2015. [Copy served upon pro se plaintiff at his last known address of Ogdensburg Correctional Facility, One Correction Way, Ogdensburg, NY 13669.] (mc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------LAWRENCE M. BRADFORD,
Plaintiff,
No. 7:14-CV-01017
(DNH/TWD)
-v-

WATERTOWN POLICE DEPARTMENT;
CHAD FREDRICK, Police Officer; SHANE
RYAN, Police Officer; and CITY OF
WATERTOWN,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

LAWRENCE M. BRADFORD
Plaintiff Pro Se
Last Known Address
13-B-2878
Ogdensburg Correctional Facility
One Correction Way
Ogdensburg, NY 13669
DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Lawrence M. Bradford brought this civil rights action pursuant to 42
U.S.C. § 1983. On February 27, 2015, the Honorable Thérèse Wiley Dancks, United States
Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed
with prejudice as against defendant Watertown Police Department; dismissed with leave to
amend as against defendant the City of Watertown; and allowed to proceed as against

defendants Fredrick and Ryan. No objections to the Report-Recommendation were filed.1
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. Plaintiff's complaint is DISMISSED with prejudice as against defendant
Watertown Police Department;
2. Plaintiff's complaint is DISMISSED with leave to amend as against defendant
the City of Watertown;
3. If plaintiff wishes to file an amended complaint, he must do so within thirty (30)
days of the filing date of this Decision and Order, and he is advised that an amended
complaint will replace the prior complaint in its entirety; and
4. The Clerk serve a copy of this Decision and Order on plaintiff at his last known
address.
IT IS SO ORDERED.

Dated: March 24, 2015
Utica, New York.

1

The Report-Recommendation mailed to plaintiff at his last known address was returned
undeliverable. The returned mail indicated that plaintiff is no longer in New York State DOCCS custody,
as he was released on February 20, 2015.
-2-