DeLee v. State of New York et al, No. 5:2020cv00549 - Document 7 (N.D.N.Y 2020)

Court Description: DECISION AND ORDER that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 4 ) is ACCEPTED and ADOPTED in its entirety. Plaintiff's claim against State of New York is DISMISSED without prejudice to refiling in the appropriate sta te court (e.g., the New York State Court of Claims). Plaintiff's claim against the Syracuse Police Department is DISMISSED with prejudice but, to the extent that the claim may be liberally construed as being asserted against the City of Syrac use, that claim shall be DISMISSED with prejudice without further Order of the Court unless, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an Amended Complaint correcting the pleading defects in that claim identi fied in the Report-Recommendation. Plaintiff's claims against the Post Standard, Syracuse.com, and the Publishers of NY CLS Desk Edition Gilbert's are DISMISSED without prejudice to refiling in the appropriate state court (e.g., in the f orm of claims for defamation, libel, or slander). Should Plaintiff file an Amended Complaint against the City of Syracuse, such Amended Complaint must be filed within THIRTY (30) DAYS of the date of this Decision and Order, and such Amended Compla int must be a complete pleading that does not incorporate by reference or rely on any portion of his original Complaint but that supercedes and replaces the original Complaint in its entirety. Should Plaintiff timely file an Amended Complaint, it will be referred to Magistrate Judge Baxter for his review. Signed by Chief Judge Glenn T. Suddaby on 7/27/2020. (Copy served upon Plaintiff via regular mail). (sal )