McCullough v. Syracuse Police Department

Filing 8

DECISION and ORDER adopting 5 Report-Recommendation. ORDERED that Plaintiff's 1 complaint is DISMISSED without leave to amend. Signed by Judge David N. Hurd on 8/26/2015. (dpk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------DAVID MCCULLOUGH,
Plaintiff,
No. 7:15-CV-0638
(DNH/TWD)

-vSYRACUSE POLICE DEPARTMENT

Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

DAVID MCCULLOUGH - 95-b-2598
Plaintiff pro se
Riverview Correctional Facility
P.O. Box 247
Ogdensburg, NY 13669
DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff David McCullough brought this civil rights action pursuant to 42 U.S.C.
§ 1983. On June 5, 2015, the Honorable Thérèse Wiley Dancks, United States Magistrate
Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed sua
sponte pursuant to 28 U.S.C. §§ 1915A and 1915(e). Plaintiff timely filed objections to the
Report-Recommendation.
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 (Dkt. No. 1) is DISMISSED without leave to amend; and
2. The Clerk is directed to serve a copy of this Decision and Order upon the parties
in accordance with the Local Rules.
IT IS SO ORDERED.

Dated: August 26, 2015
Utica, New York.

-2-