UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________

HAROLD CROCKER,

Plaintiff,

v. 3:21-CV-266 (FJS/ML) LINDSEY RUMENAPP and SAMUEL SEARS,

Defendants. _______________________________________________

APPEARANCES OF COUNSEL

FINUCANE AND HARTZELL, LLP LEO G. FINUCANE, ESQ. 6 North Main Street Pittsford, New York 14534 Attorneys for Plaintiff

SCULLIN, Senior Judge

ORDER

In an Order and Report-Recommendation dated April 19, 2021, Magistrate Judge Lovric, after a thorough analysis of Plaintiff's complaint, recommended that the Court (1) accept for filing Plaintiff's complaint insofar as "it asserts a claim of excessive force pursuant to the Fourth Amendment against Defendants in their individual capacities"; (2) "dismiss without leave to replead Plaintiff's Complaint . . . to the extent that it asserts claims against Defendants in their official capacities"; and (3) "dismiss with leave to replead Plaintiff's Complaint . . . to the extent that it asserts claims pursuant to New York state law against Defendants in their individual capacities, for failure to state a claim pursuant to

(e)(2)(B)[.]" See Dkt. No. 3 at 13. Plaintiff has no objections to Magistrate Judge Lovric's April 19, 2021. See Dkt. No. 4. "When a party does not object to a magistrate judge's recommendations, the court reviews those recommendations for clear error or manifest injustice." Ward v. Lee, No. 9:16- CV-1224 (FJS/CFH),

, *1 (N.D.N.Y. July 25, 2018) (citation omitted). "After conducting this review, 'the Court may "accept, reject, or modify, in whole or in part, the . . .

recommendations made by the magistrate judge."'"

(quoting [Linares v. Mahunik, No. 9:05- CV-625,

, *10 (N.D.N.Y. July 16, 2009)] (quoting

(b)(1)(C))). The Court has reviewed Magistrate Judge Lovric's recommendations for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Lovric's April 19, 2021 Order and Report- Recommendation, see Dkt. No. 3, is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Plaintiff's complaint, see Dkt. No. 1, is ACCEPTED for filing to the extent that it asserts a claim of excessive force pursuant to the Fourth Amendment to the United States Constitution, brought pursuant to

, against Defendants in their individual

capacities; and the Court further ORDERS that the Clerk of the Court shall issue Plaintiff the summonses and General Order #25 so that he can serve the summons and complaint on Defendants; and the Court further ORDERS that, to the extent that Plaintiff's complaint asserts claims against Defendants in their official capacities, those claims are DISMISSED without leave to replead; and the Court further ORDERS that, to the extent that Plaintiff's complaint asserts claims pursuant to New York state law against Defendants in their individual capacities, those claims are DISMISSED with leave to replead; and the Court further ORDERS that, if Plaintiff wishes to file an amended complaint, he must do so on or before July 1, 2021.

IT IS SO ORDERED.

Dated: June 25, 2021 Freder& £5 “Beuilkn Jr. Syracuse, New York Senior United States District Judge

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