Johnson v. Syracuse Police Dept. et al, No. 5:2020cv01054 - Document 8 (N.D.N.Y 2020)
Court Description: DECISION & ORDER accepting in whole the 4 Report and Recommendation of Miroslav Lovric; Plaintiff's complaint is DISMISSED WITH LEAVE TO REPLEAD for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(B); Plaintiff is provided an op portunity to amend the complaint within thirty (30) daysof the date of this Decision and Order to correct the deficiencies identified in the Report-Recommendation; If plaintiff timely files an amended complaint within thirty (30) days of the date of this Decision and Order, the file be forwarded to United States Magistrate Judge Miroslav Lovric for further review; and If plaintiff fails to file an amended complaint within thirty (30) days of the date of this Decision and Order, the complaint be dismissed in its entirety without further order. Signed by Judge David N. Hurd on 11/25/2020. (Copy served upon Rayshell S. Johnson via regular mail on 11/25/2020)(see)
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Johnson v. Syracuse Police Dept. et al Doc. 8 Case 5:20-cv-01054-DNH-ML Document 8 Filed 11/25/20 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------RAYSHELL S. JOHNSON, Plaintiff, 5:20-CV-1054 (DNH/ML) -v- SYRACUSE POLICE DEPT., all others; and ONONDAGA COUNTY SHERIFF'S DEPARTMENT, Defendants. -------------------------------APPEARANCES: RAYSHELL S. JOHNSON Plaintiff pro se 605 Carbon Street Syracuse, NY 13208 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Rayshell S. Johnson commenced this action on September 8, 2020. On November 6, 2020, the Honorable Miroslav Lovric, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed with leave to replead for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(B). No objections to the Report-Recommendation have been filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. Dockets.Justia.com Case 5:20-cv-01054-DNH-ML Document 8 Filed 11/25/20 Page 2 of 2 § 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff’s complaint is DISMISSED WITH LEAVE TO REPLEAD for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(B); 2. Plaintiff is provided an opportunity to amend the complaint within thirty (30) days of the date of this Decision and Order to correct the deficiencies identified in the Report-Recommendation; 3. If plaintiff timely files an amended complaint within thirty (30) days of the date of this Decision and Order, the file be forwarded to United States Magistrate Judge Miroslav Lovric for further review; and 4. If plaintiff fails to file an amended complaint within thirty (30) days of the date of this Decision and Order, the complaint be dismissed in its entirety without further order. IT IS SO ORDERED. Dated: November 25, 2020 Utica, New York. -2-
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