McNair v. Dwyer et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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BRANDON MCNAIR,
Plaintiff,
-v- 	6:25-CV-719 (DNH/ML)
JUDGE MICHAEL DWYER et al.,
Defendants.
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DAVID N. HURD
United States District Judge
ORDER ON REPORT & RECOMMENDATION
On June 9, 2025, pro se plaintiff Brandon McNair (“plaintiff”) filed this
42 U.S.C. § 1983 action alleging that defendants his civil rights in connection
with his arrest on July 27, 2020. Dkt. No. 1. Along with his complaint, plaintiff
moved for leave to proceed in forma pauperis (“IFP Application”). Dkt. No. 2.
Thereafter, plaintiff filed an amended complaint as of right, Dkt. No. 5,
and then moved for leave to file a second amended complaint, Dkt. No. 6. U.S.
Magistrate Judge Miroslav Lovric denied plaintiff’s motion for leave to further
amend without prejudice to renew, Dkt. No. 7. 	In response, plaintiff filed a
second motion for leave to file a second amended complaint, Dkt. No. 8.
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On February 20, 2026, Judge Lovric denied plaintiff’s IFP Application,
granted his motion for leave to file a second amended complaint, and, after an
initial review of that pleading, advised by Report & Recommendation (“R&R”)
that plaintiff’s second amended complaint be dismissed with partial leave to
amend as to his claims against defendants Cimpi, County of Oneida, Maciol,
and John/Jane Doe. Dkt. No. 11.
Plaintiff has lodged objections.1 	Dkt. No. 13. 	Upon de novo review, the
R&R is accepted and will be adopted. See 28 U.S.C. § 636(b)(1)(C).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 11) is ACCEPTED;
2. 	Plaintiff’s second amended complaint (Dkt. No. 12) is DISMISSED
with partial leave to amend in accordance with Judge Lovric’s R&R; and
3. Any further amended pleading filed by plaintiff must be accompanied
by payment of the $405.00 filing fee or by a completed, signed IFP Application.
The Clerk of the Court is directed to terminate the pending motion and ad-
ministratively close this action because plaintiff has thus far failed to properly
commence it.
IT IS SO ORDERED.
1 Although plaintiff has not yet properly commenced this action and service has not been ordered,
defendant Cimpi has responded to plaintiff’s objections, Dkt. No. 14.
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Dated: March 31, 2026
Utica, New York.
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