Deleon v. Ayers et al

Filing 31

DECISION AND ORDER accepting and adopting Magistrate Judge Feldman's Report and Recommendation 29 and affirming in full his Decision and Order 29 . Plaintiff's motion to amend his Complaint to add Anthony Spahalski, Jeffrey Harris, Joshu a Andrus, and Shawn Pierson 24 is granted and the Clerk is directed to substitute those defendants for John Does 1-4. Plaintiff's motion to amend his Complaint to add Matthew Smith, Debra Allen, Brianne Liddick, Emily Brown, and Hanna Martin 24 is denied. Copy of this Decision and Order sent by First Class Mail to Jason Deleon on 10/18/2019 to his address of record. Signed by Hon. David G. Larimer on 10/18/2019. (KAH)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
JASON DELEON,
DECISION AND ORDER
Plaintiff,
16-CV-6848L
v.
JOEL R. AYERS, et al.,
Defendants.
________________________________________________

United States Magistrate Judge Jonathan W. Feldman has been assigned to handle certain
pretrial matters in civil cases. Plaintiff, Jason Deleon, appearing pro se, has moved to amend his
Complaint in several respects in response to this Court’s prior orders dismissing some of plaintiff’s
claims and directing that he file an Amended Complaint. Plaintiff has filed an Amended Complaint
seeking to identify certain defendants and add new defendants who have not been mentioned
previously.
Magistrate Judge Feldman issued a thorough Decision and Order/Report and
Recommendation (Dkt. # 29). In that document, Judge Feldman discussed the basis for his
decision to allow plaintiff to amend his complaint with respect to four defendants, Spahalski,
Harris, Andrus, and Pierson, and his Recommendation, that the motion be denied with respect to
putative defendants Smith, Allen, Liddick, Brown, and Martin.
Neither plaintiff nor defendants have appealed from or objected to Magistrate Judge
Feldman’s Decision and Order/Report and Recommendation and the time within which to do that
has expired.

Therefore, I accept and adopt the Magistrate Judge’s Report and Recommendation and I
affirm in full his Decision and Order.

CONCLUSION
Plaintiff’s motion to amend his Complaint to add Anthony Spahalski, Jeffrey Harris,
Joshua Andrus, and Shawn Pierson is GRANTED and the Clerk is directed to substitute those
defendants for John Does 1-4. Plaintiff’s motion to amend his Complaint to add Matthew Smith,
Debra Allen, Brianne Liddick, Emily Brown, and Hanna Martin is DENIED.
IT IS SO ORDERED.

_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
October 18, 2019.

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