5:25-cv-01593•Seay v. Chase et al
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- 1 - UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK LUTHER D. SEAY, JR., Plaintiff, 5:25-CV-1593 v. (MAD/DJS) SHAUN M. CHASE, et al., Defendants. APPEARANCES: LUTHER D. SEAY, JR. Plaintiff, Pro Se 93001306 Onondaga County Justice Center 555 South State Street Syracuse, New York 13202 DANIEL J. STEWART United States Magistrate Judge REPORT-RECOMMENDATION and ORDER The Clerk has forwarded for review a civil complaint filed by Plaintiff. The filing fee in this action has not been paid, but Plaintiff has filed a motion to proceed in forma pauperis. Dkt. No. 2. The matter has been referred to the undersigned for an initial review pursuant to L.R. 72.3. Case 5:25-cv-01593-MAD-DJS Document 9 Filed 12/23/25 Page 1 of 6
- 2 - I. SUFFICIENCY OF THE COMPLAINT A. Governing Legal Standard 28 U.S.C. § 1915(e) directs that, when a plaintiff seeks to proceed in forma pauperis, “(2) . . . the court shall dismiss the case at any time if the court determines that – . . . (B) the action . . . (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).1 In reviewing a pro se complaint, the court has a duty to show liberality toward pro se litigants, see Nance v. Kelly, 912 F.2d 605, 606 (2d Cir. 1990) (per curiam), and should exercise “extreme caution . . . in ordering sua sponte dismissal of a pro se complaint before the adverse party has been served and both parties (but particularly the plaintiff) have had an opportunity to respond.” Anderson v. Coughlin, 700 F.2d 37, 41 (2d Cir. 1983) (internal citations omitted). Therefore, a court should not dismiss a complaint if the plaintiff has stated “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. at 556). 1 To determine whether an action is frivolous, a court must look to see whether the complaint “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). Case 5:25-cv-01593-MAD-DJS Document 9 Filed 12/23/25 Page 2 of 6
- 3 - Although a court should construe the factual allegations in the light most favorable to the plaintiff, “the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.” Id. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. (citing Bell Atl. Corp. v. Twombly, 550 U.S. at 555). “[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged - but it has not show[n] - that the pleader is entitled to relief.” Id. at 679 (quoting FED . R. CIV . P. 8(a)(2)). Rule 8 of the Federal Rules of Civil Procedure “demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. at 678 (citing Bell Atl. Corp. v. Twombly, 550 U.S. at 555). Thus, a pleading that only “tenders naked assertions devoid of further factual enhancement” will not suffice. Id. (internal quotation marks and alterations omitted). B. Analysis of the Complaint The Complaint is brought pursuant to 42 U.S.C. § 1983 and concerns the representation provided by the named individual Defendants to Plaintiff in criminal proceedings in Onondaga County. See generally Dkt. No. 1, Compl. The nature of the allegations set forth in the Complaint are that Defendants Chase and Sullivan, who had been appointed to represent Plaintiff, provided ineffective assistance. Id. at pp. 2-5. The specific factual assertions need not be recited at length given the pleading deficiencies noted below. Generally stated, however, Plaintiff appears to allege that Defendants Case 5:25-cv-01593-MAD-DJS Document 9 Filed 12/23/25 Page 3 of 6
- 4 - engaged in a pattern of false statements and falsification of documents during the course of their representation of Plaintiff. Id. at p. 4. Plaintiff also alleges that Defendants failed to be in regular contact with him and keep him updated on the status of his criminal case. Id. at pp. 5-6. Any claim under section 1983 requires state action. “Because the United States Constitution regulates only the Government, not private parties, a litigant claiming that his constitutional rights have been violated must first establish that the challenged conduct constitutes state action.” Flagg v. Yonkers Sav. & Loan Ass’n, FA, 396 F.3d 178, 186 (2d Cir. 2005) (internal quotation marks omitted). “A plaintiff pressing a claim of violation of his constitutional rights under § 1983 is thus required to show state action.” Tancredi v. Metro. Life Ins. Co., 316 F.3d 308, 312 (2d Cir. 2003). “State action requires both the exercise of some right or privilege created by the State and the involvement of a person who may fairly be said to be a state actor.” Meadows v. United Servs., Inc., 963 F.3d 240, 243 (2d Cir. 2020) (quoting Flagg v. Yonkers Sav. & Loan Ass’n, FA, 396 F.3d at 186) (internal quotations and alterations omitted). Defendants Chase and Sullivan are sued here in their role as appointed counsel for purposes of Plaintiff’s criminal case. Compl. at pp. 2-3. It is very clear, however, that neither a public defender, nor a private attorney appointed to represent an individual in a criminal case is a state actor as required for a claim under section 1983. Parent v. New Case 5:25-cv-01593-MAD-DJS Document 9 Filed 12/23/25 Page 4 of 6
- 5 - York, 786 F. Supp. 2d 516, 538 (N.D.N.Y. 2011); Fisk v. Letterman, 401 F. Supp. 2d 362, 378 (S.D.N.Y. 2005) (citing cases). Additionally, the Cerio Law Offices is not a proper party to a section 1983 claim because a law firm is not a “person” within the meaning of section 1983. Reynolds v. Darrah, 2011 WL 4582430, at *1 (S.D.N.Y. Sept. 30, 2011). The lack of state action warrants dismissal of the Complaint. “Ordinarily, a court should not dismiss a complaint filed by a pro se litigant without granting leave to amend at least once ‘when a liberal reading of the complaint gives any indication that a valid claim might be stated.’” Bruce v. Tompkins Cnty. Dep’t of Soc. Servs. ex rel. Kephart, 2015 WL 151029, at *4 (N.D.N.Y. Jan. 7, 2015) (quoting Branum v. Clark, 927 F.2d 698, 704-05 (2d Cir. 1991)). “However, where the grounds for dismissal offer no basis for curing the defects in the pleading, dismissal with prejudice is appropriate.” Norwood v. Albany City Police Dep’t, 2019 WL 7593292, at *2 (N.D.N.Y. Aug. 12, 2019), report and recommendation adopted, 2019 WL 5415873 (N.D.N.Y. Oct. 23, 2019). Here, since the law is clear that the attorneys assigned to represent Plaintiff are not state actors, those claims should be dismissed without leave to amend. II. CONCLUSION For the reasons stated herein, it is hereby RECOMMENDED, that Plaintiff’s Complaint be DISMISSED; and it is Case 5:25-cv-01593-MAD-DJS Document 9 Filed 12/23/25 Page 5 of 6
- 6 - ORDERED, that the Clerk of the Court serve a copy of this Report- Recommendation and Order upon the parties to this action. Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen (14)2 days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Sec’y of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989)); see also 28 U.S.C. § 636(b)(1); F ED . R. CIV . P. 72 & 6(a). Dated: December 23, 2025 Albany, New York 2 If you are proceeding pro se and are served with this Order by mail, three additional days will be added to the fourteen-day period, meaning that you have seventeen days from the date the order was mailed to you to serve and file objections. F ED. R. CIV. P. 6(d). If the last day of that prescribed period falls on a Saturday, Sunday, or legal holiday, then the deadline is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. FED. R. C IV. P. 6(a)(1)(C). Case 5:25-cv-01593-MAD-DJS Document 9 Filed 12/23/25 Page 6 of 6
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