Rummler v. Jefferson County Emergency Medical Service

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
SCOTT RUMMLER,
Plaintiff,
v.
JEFFERSON COUNTY EMERGENCY
MEDICAL SERVICE,
Defendant.
5:25-cv-1062 (BKS/TWD)
Appearances:
Plaintiff pro se:
Scott Rummler
Watertown, NY 13601
Hon. Brenda K. Sannes, Chief United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Scott Rummler brought this action pro se asserting claims under 42 U.S.C. §
1983 against Defendant Jefferson County Emergency Medical Service. (Dkt. No. 1). Plaintiff
also 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 15, 2025, Magistrate Judge Dancks granted
Plaintiff’s application to proceed IFP and issued a Report-Recommendation, recommending that
Plaintiff’s complaint be dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B) for failure
to state a claim. (Dkt. Nos. 5). Magistrate Judge Dancks informed Plaintiff that he had fourteen
days within which to file written objections to the report under 28 U.S.C. § 636(b)(1), and that
the failure to object to the report within fourteen days would preclude appellate review. (Id. at 7).
No objections to the Report-Recommendation have been filed.
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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 Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 5) is
ADOPTED; and it is further
ORDERED that Plaintiff’s complaint (Dkt. No. 1) is DISMISSED without prejudice;
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
Case 5:25-cv-01062-BKS-CBF Document 6 Filed 11/10/25 Page 2 of 2