Lawson v. Cesari

THOMAS J. McAVOY United States District Judge

DECISION and ORDER

This matter brought pursuant to 42 U.S.C. § 1983 was referred by this Court to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

In the Report-Recommendation, the Magistrate Judge recommends that Plaintiff's Amended Complaint naming the Utica Police Department as sole Defendant be dismissed without leave to amend. No objections to the April 1, 2015 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.

It is, therefore, ORDERED that: (1) the complaint is DISMISSED without leave to amend; (2) that the Clerk serve a copy of this Order on Plaintiff by regular mail. IT IS SO ORDERED. Dated: May 28, 2015

/s/_________

Thomas J. McAvoy

Senior, U.S. District Judge