Peeples v. Fiorito et al, No. 3:2019cv00868 - Document 17 (N.D.N.Y 2020)

Court Description: DECISION AND ORDER: The # 16 Report-Recommendation of Magistrate Judge Dancks is hereby ACCEPTED and ADOPTED. The Plaintiff's complaint is DISMISSED WITH PREJUDICE in part and DISMISSED WITH LEAVE TO REPLEAD in part, as follows: Any claims aga inst Defendants the United States Department of Justice, the Binghamton PD Lock-up, and the Binghamton Sheriff are hereby DISMISSED WITH PREJUDICE; Any claims brought pursuant to 18 U.S.C. § 242 in which Defendant seeks criminal prosecution of D efendants or others are hereby DISMISSED WITH PREJUDICE; Any Eighth Amendment claims are hereby DISMISSED WITH PREJUDICE; Any Fourth Amendment claims are hereby DISMISSED WITHOUT PREJUDICE TO REPLEADING; and all remaining claims are hereby DISMISSED WITHOUT PREJUDICE as barred by Heck v. Humphrey, 512 U.S. 477 (1994). The Clerk of Court is also hereby DIRECTED to provide the Superintendent of the facility that Plaintiff has designated as his current location with a copy of Plaintiff's # [11 ] inmate authorization form and notify that official that Plaintiff has filed this action and is required to pay the Northern District of New York the entire statutory filing fee of $350 in installments, over time, pursuant to 28 U.S.C. § 1915. Signed by Senior Judge Thomas J. McAvoy on 10/19/2020. {Copy served upon Pro Se Plaintiff via regular mail}(pjh, )