Canale v. Doe

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
MATTHEW CANALE,
Plaintiff,
v.
KERRI DOE,
Defendant.
1:25-cv-920 (BKS/TWD)
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 42 U.S.C. §1983. (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 28 U.S.C. § 1915(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 28 U.S.C. § 636(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.
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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 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 timely 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
Syracuse, New York
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