Tenace v. Pratt et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
TROY TENACE,
Plaintiff,
v.
1:25-CV-1697
(GTS/DJS)
JENNIFER PRATT, Assis. D.A., for Saratoga County,
in her individual and official capacity; MEGHAN
HORTON, Assis. D.A., for Saratoga County, in her
individual and official capacity; SARATOGA
COUNTY DISTRICT ATTORNEY’S OFFICE;
SARATOGA COUNTY; SCHENECTADY
COUNTY; SCHNECTADY COUNTY PUBLIC
DEFENDER’S OFFICE; JULIA KOSINESKI,
ESQ., in her individual and official capacity;
KAREN A. CRANDALL, ESQ., in her individual
and official capacity,
Defendants.
______________________________________________
APPEARANCES:
TROY TENACE
Plaintiff, Pro Se
1930 Pawtucket Ave.
Niskayuna, New York 12309
GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
Currently before the Court, in this pro se civil rights action filed by Troy Tenace
(“Plaintiff”) against the Saratoga County District Attorney’s Office, the Schenectady County
Public Defender’s Office, Assistant District Attorneys Jennifer Pratt and Meghan Horton,
Saratoga County, Schenectady County and Public Defenders Julia Kosineski and Karen Crandall
Case 1:25-cv-01697-GTS-DJS Document 8 Filed 05/07/26 Page 1 of 3

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(“Defendants”), are (1) United States Magistrate Judge Daniel J. Stewart’s Report-
Recommendation recommending that Plaintiff’s Complaint be dismissed without prejudice and
with leave to amend for failure to state a claim, and (2) Plaintiff’s Amended Complaint. (Dkt.
Nos. 6, 7.)
After carefully reviewing the relevant papers herein, including Magistrate Judge
Stewart’s thorough Report-Recommendation, the Court can find no clear error in the Report-
Recommendation: Magistrate Judge Stewart employed the proper standards, accurately recited
the facts, and reasonably applied the law to those facts. As a result, the Report-Recommendation
is accepted and adopted in its entirety for the reasons stated therein. To those reasons, the Court
adds only one brief point.
Before the Court may refer Plaintiff’s Amended Complaint to Magistrate Judge Stewart
for a review of its pleading sufficiency, the Court must confirm with Plaintiff that he indeed
intends to proceed on his Amended Complaint in this action. This is because, when he filed his
Amended Complaint, Plaintiff had not yet have the benefit of the Court’s Decision and Order on
Magistrate Judge Stewart’s Report-Recommendation. Cf. Cresci v. Mohawk Valley Community
College, 693 F. App'x 21, 25 (2d Cir. June 2, 2017) (“The court's criticism of Cresci for failure to
submit a proposed amended complaint before learning whether, and in what respects, the court
would find deficiencies was unjustified, and the court's denial of leave to replead, simultaneously
with its decision that the complaint was defective, effectively deprived Cresci of a reasonable
opportunity to seek leave to amend.”). As a result, the Court will give Plaintiff a reasonable
opportunity to either (1) confirm that he indeed intends to proceed on his Amended Complaint
(Dkt. No. 7), or (2) file a revised Amended Complaint.
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ACCORDINGLY, it is
ORDERED that Magistrate Judge Stewart’s Report-Recommendation (Dkt. No. 6) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff’s Complaint (Dkt. No. 1) shall be DISMISSED without
further Order of this Court, unless, within THIRTY (30) DAYS of the entry of this Decision and
Order, Plaintiff cures the pleading defects identified in the Report-Recommendation; and it is
further
ORDERED that, within the above-described 30-day time period, Plaintiff must either (1)
file a letter to the Court stating that he intends to rely on his Amended Complaint filed on
February 27, 2026 (Dkt. No. 7), or (2) file a revised Amended Complaint; and it is further
ORDERED that, should Plaintiff do either of the above-described two things, his
Amended Complaint shall be referred to Magistrate Judge Stewart for further review pursuant to
28 U.S.C. § 1915.
Dated: May 7, 2026
Syracuse, New York
____________________________________
HON. GLENN T. SUDDABY
United States District Judge
Case 1:25-cv-01697-GTS-DJS Document 8 Filed 05/07/26 Page 3 of 3