Scott Rummler v. Jefferson County Emergency Medical Service
Scott Rummler v. Jefferson County Emergency Medical Service
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
SCOTT RUMMLER,
Plaintiff, 5:25-cv-1062 (BKS/TWD)
v.
JEFFERSON COUNTY EMERGENCY MEDICAL SERVICE,
Defendant.
Appearances: Plaintiff pro se: Scott Rummler Watertown, NY 13601 Hon. Brenda K. Sannes, Chief United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Scott Rummler brought this action pro se asserting claims under
42 U.S.C. § 1983against Defendant Jefferson County Emergency Medical Service. (Dkt. No. 1). Plaintiff also 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
28 U.S.C. § 1915(e)(2) and Local Rule 72.3(d). On October 15, 2025, Magistrate Judge Dancks granted Plaintiff’s application to proceed IFP and issued a Report-Recommendation, recommending that Plaintiff’s complaint be dismissed without prejudice under
28 U.S.C. § 1915(e)(2)(B) for failure to state a claim. (Dkt. Nos. 5). Magistrate Judge Dancks informed Plaintiff that he had fourteen days within which to file written objections to the report under
28 U.S.C. § 636(b)(1), and that the failure to object to the report within fourteen days would preclude appellate review. (Id. at 7). No objections to the Report-Recommendation have been filed. 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,
2 F. Supp. 3d 223, 228-29(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 Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 5) is ADOPTED; and it is further ORDERED that Plaintiff's complaint (Dkt. No. 1) is DISMISSED without prejudice; 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 IS SO ORDERED.
Dated: November 10, 2025 baansdla nanos Syracuse, New York Brenda K. Sannes Chief U.S. District Judge
Reference
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