Alaidrus v. The United States of America et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
____________________________________________
AMR ABDELWASE ALAIDRUS,
Plaintiff,
1:25-CV-0491
v. 	(GTS/DJS)
UNITED STATES OF AMERICA;
SCHENECTADY POLICE DEPARTMENT;
ELLIS HOSPITAL; MENTAL HYGIENE
LEGAL SERVICE; and SCHENECTADY
COUNTY COURT,
Defendants.
____________________________________________
APPEARANCES:
AMR ABDELWASE ALAIDRUS
Plaintiff, Pro Se
100 Irving Street, Unit F12
Schenectady, New York 12308
GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
Currently before the Court, in this pro se civil rights action filed by Amr Abdelwase
Alaidrus (“Plaintiff”) against the United States of America, the Schenectady Police Department,
Ellis Hospital, Mental Hygiene Legal Service, and Schenectady County Court (“Defendants”), is
United States Magistrate Judge Daniel J. Stewart’s Report-Recommendation recommending that
some claims in Plaintiff’s Amended Complaint be dismissed with prejudice and other claims be
dismissed with leave to amend. 	(Dkt. No. 7.) 	Plaintiff has not filed an objection to the
Report-Recommendation, and the time in which to do so has expired. 	(See generally Docket
Sheet.)
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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:1 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 set forth therein.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Stewart’s Report-Recommendation (Dkt. No. 7) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that the following claims in Plaintiff’s Amended Complaint (Dkt. No. 8) are
DISMISSED with prejudice:
(1) Plaintiff's claims against the United States under 42 U.S.C. §§ 1983, 1985 and
1986;
(2) Plaintiff’s claims against the Schenectady Police Department under 42 U.S.C.
§ 1983 and New York State common law;
(3) Plaintiff’s claims against Ellis Hospital under 42 U.S.C. § 1983 and the
Americans with Disabilities Act; and
(4) Plaintiff’s remaining claims under 42 U.S.C. § 1985; and it is further
ORDERED that the following claims in Plaintiff’s Amended Complaint (Dkt. No. 8) are
1 	When no objection is made to a report-recommendation, the Court subjects that
report-recommendation to only a clear-error review. Fed. R. Civ. P. 72(b), Advisory Committee
Notes: 1983 Addition. When performing such a clear-error review, “the court need only satisfy
itself that there is no clear error on the face of the record in order to accept the recommendation.”
Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995)
(Sotomayor, J.) (“I am permitted to adopt those sections of [a magistrate judge’s] report to which
no specific objection is made, so long as those sections are not facially erroneous.”) (internal
quotation marks omitted).
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DISMISSED without prejudice to refiling in state court within the applicable limitations
period:
(1) Plaintiff’s claims against Mental Hygiene Legal Services under 42 U.S.C. §
1983 and New York State common law; and
(2) Plaintiff’s claims against the Schenectady County Court under 	42 U.S.C. §§
1983 and 1985 and New York State common law; and it is further
ORDERED that the following claims in Plaintiff’s Amended Complaint (Dkt. No. 8) are
DISMISSED without prejudice to refiling in this action, within THIRTY (30) DAYS of the
entry of this Decision and Order, in a SECOND AMENDED COMPLAINT that corrects the
above-described pleading defects in those claims (and thereafter with prejudice if Plaintiff fails
to correct those pleading defects):
(1) Plaintiff's claim against the United States under the Federal Tort Claims Act;
and
(2) Plaintiff’s claims against Mental Hygiene Legal Services under the Americans
with Disabilities Act; and it is further
ORDERED that, should Plaintiff fail to correct the above-described pleading defects in
the federal claims referenced in the preceding paragraph within the above-referenced 30-day
time period, Plaintiff’s remaining state law claims shall be, without further Order of the Court,
DISMISSED without prejudice to refiling in state court within the applicable limitations
period.
Dated: January 26, 2026
Syracuse, New York
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