Summary
dismissing Monell claim pursuant to 28 U.S.C. § 1915(e)(B) for failure to state a claim
Summary of this case from Sonnick v. BudlongOpinion
5:14-CV-1565
05-19-2015
JASON IRVINE, Plaintiff, v. CITY OF SYRACUSE, et al., Defendants.
DECISION and ORDER
I. INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. David E. Peebles, United States Magistrate Judge, for initial review. In his April 22, 2015 Report and Recommendation, Magistrate Judge Peebles recommends that, with the exception of plaintiff's excessive force and deliberate medical indifference claims asserted against defendants Liadka and Cazzolli, the remaining claims be dismissed with leave to replead. No objections to the Report and Recom mendation [dkt. # 9] have been filed, and the time to do so has expired.
II. DISCUSSION
After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice.
III. CONCLUSION
Accordingly, the Court ADOPTS the Report and Recommendation [dkt. # 9] for the reasons stated therein. It is hereby
ORDERED that with the exception of plaintiff's excessive force and deliberate medical indifference claims asserted against defendants Liadka and Cazzolli, the remaining claims in this action (including all of those asserted against defendants Fougnier, Locastro, Walsh, and the City of Syracuse) are DISMISSED with leave to replead.
If plaintiff intends to the replead the dismissed claims: (1) he must do so within 30 (thirty) days from the date of this Decision and Order; and, (2) he should heed the law referenced by Magistrate Judge Peebles, especially at pages 20-22 of the Report Recommendation. IT IS SO ORDERED. Dated:May 19, 2015
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge