United States District Court, N.D. New York
GREGORY EDWARDS 15-B-2450 Cayuga Correctional Facility
Plaintiff pro se
Frederick J. iScullin, Jr., Senior United States District
commenced this action against the Syracuse Police Department
and three individual police officers pursuant to 42 U.S.C.
§ 1983, claiming that Defendant officers assaulted him
during the course of a stop and subsequent arrest on December
22, 2013, and that Defendant Syracuse Police Department has
promulgated policies that permitted the unlawful assault to
December 30, 2016, Magistrate Judge Peebles issued a Report,
Recommendation and Order, in which he, among other things,
recommended that this Court dismiss Defendant Syracuse Police
Department from this action and substitute the City of
Syracuse as a Defendant in its place. See Dkt. No. 4
at 8. Magistrate Judge Peebles also recommended that the
Court otherwise accept Plaintiff's complaint for filing.
See Id. at 9.
Plaintiff did not file any objections to Magistrate Judge
Peebles' recommendations, he did file an amended
complaint. See Dkt. No. 5. The Court has reviewed
Plaintiff's amended complaint; and it appears that, other
than differences in formatting and the substitution of
Defendant City of Syracuse as a defendant in place of
Defendant Syracuse Police Department, the amended complaint
is identical to Plaintiff's original
complaint. Compare Dkt. No. 1 with
Dkt. No. 5.
party does not object to a magistrate judge's
report-recommendation, the court reviews that
report-recommendation for clear error or manifest injustice.
See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL
3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote
omitted). After conducting this review, "the Court may
'accept, reject, or modify, in whole or in part, the . .
. recommendations made by the magistrate judge.'"
Id. (quoting 28 U.S.C. § 636(b)(1)(C)).
Court has reviewed Magistrate Judge Peebles' December 30,
2016 Report, Recommendation and Order for clear error and
manifest injustice; and, finding none, the Court hereby
that Magistrate Judge Peebles' December 30, 2016 Report,
Recommendation and Order is ACCEPTED in its entirety for the
reasons stated therein; and the Court further
that Defendant Syracuse Police Department is DISMISSED from
this action and the City of Syracuse is substituted in its
place as a Defendant; and the Court further
that Plaintiff's amended complaint, see Dkt. No.
5, is ACCEPTED for filing; and the Court further
that Plaintiff's most recently filed motion for leave to
proceed in forma pauperis, see Dkt. No. 6, is DENIED
as moot for the reasons stated herein; and the Court further
that the Clerk of the Court shall issue summonses and forward
them with copies of the amended complaint to the United
States Marshal, along with packets containing General Order
25, which sets forth this District's Civil Case
Management Plan, for service on the four named Defendants;
and the Court further
that the Courtroom Deputy Clerk shall schedule a Rule 16
conference; and the Court further
that, subsequent to service of process on Defendants,
Defendants or their counsel shall file a formal response to
Plaintiff's amended complaint in compliance with the