Cummings v. Clinton County Legislature et al

Filing 13

ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 12 ) is APPROVED and ADOPTED in its entirety. ORDERED, that Plaintiff's Application to proceed in forma pauperis (Dkt. No. 8 ) is GRANTED. ORDERED, that Plaintiff's claims agai nst Defendants Clinton County Legislature; Dave Fauro; and Larry Bedard are DISMISSED with leave to amend. If Plaintiff wishes to proceed with these claims, he must file, within thirty (30) days of the filing date of this Order, an amended complaint that remedies the deficiencies identified in the Report-Recommendation. ORDERED, that Plaintiff's claims against Defendants Commission of Corrections; Clinton County Sheriff's Department; and Clinton County Jail are DISMISSED without leave to amend. Signed by Senior Judge Lawrence E. Kahn on 10/16/14. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ERVIN CUMMINGS,
Plaintiff,
-against-

9:14-CV-0111 (LEK/TWD)

CLINTON COUNTY LEGISLATURE, et al.,
Defendants.
___________________________________
ORDER
This matter comes before the Court following a Report-Recommendation filed on August
13, 2014, by the Honorable Thérèse Wiley Dancks, U.S. Magistrate Judge, pursuant to 28 U.S.C.
§ 636(b) and Local Rule 72.3(c). Dkt. No. 12 (“Report-Recommendation”).
Within fourteen days after a party has been served with a copy of a magistrate judge’s reportrecommendation, the party “may serve and file specific, written objections to the proposed findings
and recommendations.” FED. R. CIV. P. 72(b); L.R. 72.1(c). If no objections are made, or if an
objection is general, conclusory, perfunctory, or a mere reiteration of an argument made to the
magistrate judge, a district court need review that aspect of a report-recommendation only for clear
error. Chylinski v. Bank of Am., N.A., 434 F. App’x 47, 48 (2d Cir. 2011); Barnes v. Prack, No.
11-CV-0857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18, 2013); Farid v. Bouey, 554 F. Supp. 2d
301, 306-07 & n.2 (N.D.N.Y. 2008); see also Machicote v. Ercole, No. 06 Civ. 13320, 2011 WL
3809920, at *2 (S.D.N.Y. Aug. 25, 2011) (“[E]ven a pro se party’s objections to a Report and
Recommendation must be specific and clearly aimed at particular findings in the magistrate’s
proposal, such that no party be allowed a second bite at the apple by simply relitigating a prior
argument.”).

No objections were filed in the allotted time period. See Docket. Accordingly, the Court
has reviewed the Report-Recommendation for clear error. Having found none, the ReportRecommendation is approved and adopted in its entirety.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 12) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that Plaintiff’s Application to proceed in forma pauperis (Dkt. No. 8) is
GRANTED; and it is further
ORDERED, that Plaintiff’s claims against Defendants Clinton County Legislature; Dave
Fauro; and Larry Bedard are DISMISSED with leave to amend. If Plaintiff wishes to proceed with
these claims, he must file, within thirty (30) days of the filing date of this Order, an amended
complaint that remedies the deficiencies identified in the Report-Recommendation;1 and it is further
ORDERED, that Plaintiff’s claims against Defendants Commission of Corrections; Clinton
County Sheriff’s Department; and Clinton County Jail are DISMISSED without leave to amend;
and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on the parties to this
action in accordance with the Local Rules.

1

Any amended complaint, which shall supersede and replace the original Complaint in its
entirety, must allege claims of misconduct or wrongdoing against each named defendant which
Plaintiff has a legal right to pursue, and over which this Court may properly exercise jurisdiction.
Any amended complaint must also comply with the pleading requirements of Rules 8 and 10 of the
Federal Rules of Civil Procedure.
2

IT IS SO ORDERED.
DATED:

October 16, 2014
Albany, New York

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