UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

MATTHEW CANALE, Plaintiff, 1:25-cv-920 (BKS/TWD) v.

KERRI DOE, Defendant.

Appearances: Plaintiff pro se: Matthew Canale Warren County Correctional Facility 1400 State Route 9 Lake George, NY 12845

Hon. Brenda K. Sannes, Chief United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Matthew Canale filed this action pro se against Defendant Kerri Doe alleging violations of

. (Dkt. No. 1, 2). Plaintiff sought leave to proceed in forma pauperis (“IFP”). (Dkt. No. 2). This matter was referred to United States Magistrate Judge Thérèse Wiley Dancks for an initial review pursuant to

(e)(2) and Local Rule 72.3(d). On October 3, 2025, Magistrate Judge Dancks granted Plaintiff’s application to proceed IFP, (Dkt. No. 6), and issued a Report-Recommendation, recommending that Plaintiff’s complaint be dismissed with leave to amend. (Dkt. No. 6). Magistrate Judge Dancks informed Plaintiff that he had fourteen days within which to file written objections to the Report- Recommendation under

(b)(1), and that the failure to object to the Report- Recommendation within fourteen days would preclude appellate review. (Id. at 12). Plaintiff did not file any objections. As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue,

(N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety. For these reasons, it is hereby ORDERED that the Report-Recommendation (Dkt. No. 6) is ADOPTED; and it is further ORDERED that Plaintiff's complaint (Dkt. No. 1) is DISMISSED with Leave to Amend; and it is further ORDERED that any amended complaint must be filed within thirty (30) days of the date of this Order. Any amended complaint must be a complete pleading which will replace the current complaint in total and must comply with the directions in the Report-Recommendation; and it is further ORDERED that if Plaintiff timely files an amended complaint, it shall be referred to Magistrate Judge Dancks for review; and it is further ORDERED that if Plaintiff fails to file a ttmely amended complaint, the Clerk shall close this case without further order; and it is further ORDERED that the Clerk serve a copy of this Order on Plaintiff in accordance with the Local Rules. IT ISSO ORDERED.

Dated: November 10, 2025 Pron da CQirnwnes Syracuse, New York Brenda Re Sann Chief U.S. District Judge