Dudley v. New York State Department of Health Human and Social Services

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________
ELLIS DAVON DUDLEY, II,
Plaintiff,
-v- 	5:25-CV-974 (AJB/ML)
NEW YORK STATE DEPARTMENT
OF HEALTH HUMAN AND SOCIAL
SERVICES,
Defendant.
_____________________________________
APPEARANCES: 	OF COUNSEL:
ELLIS DAVON DUDLEY, II
Plaintiff, Pro Se
225 Allen Street
Syracuse, NY 13210
Hon. Anthony Brindisi, U.S. District Judge:
ORDER ON REPORT & RECOMMENDATION
On July 23, 2025, pro se plaintiff Ellis Davon Dudley, II (“plaintiff”) filed this civil action
against defendant New York State Department of Health, Human, and Social Services (“defend-
ant”) alleging that the suspension of his driver’s license for unpaid child support violated his civil
rights. 	See Dkt. No. 1. 	Along with his complaint, plaintiff also moved for leave to proceed in
forma pauperis (“IFP Application”). Dkt. Nos. 2, 7.
On May 13, 2026, U.S. Magistrate Judge Miroslav Lovric granted plaintiff’s IFP Applica-
tion and, after conducting an initial review of the pleading, advised by Report & Recommendation
(“R&R”) that plaintiff’s complaint be dismissed without leave to amend. Dkt. No. 8. As Judge
Lovric explained, the named defendant—a state agency—was entitled to Eleventh Amendment
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immunity. 	Id. 	But even accounting for plaintiff’s pro se status and considering the underlying
factual allegations, various jurisdictional doctrines barred this Court from second-guessing the
state-court determinations about child custody and support about which plaintiff complained. See
id. And because the impact of these doctrines could not be avoided with better fact pleading, Judge
Lovric recommended dismissal without leave to amend. Id.
Plaintiff has not lodged objections, and the time period in which to do so has expired. See
Dkt. No. 8. Upon review for clear error, the R&R is accepted and will be adopted. See F ED. R.
C IV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 8) is ACCEPTED; and
2. Plaintiff’s complaint (Dkt. No. 1) is DISMISSED without leave to amend.
The Clerk of the Court is directed to terminate the pending motion, enter a judgment ac-
cordingly, and close the file.
IT IS SO ORDERED.
Dated: June 10, 2026
Utica, New York.
Case 5:25-cv-00974-AJB-ML Document 9 Filed 06/10/26 Page 2 of 2