Stabb v. Syracuse Police Department et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
THOMAS H. STABB, JR.,
Plaintiff,
v.
SYRACUSE POLICE DEPARTMENT, et al.,
Defendants.
5:25-CV-280
(ECC/PJE)
Thomas H. Stabb, Jr., Plaintiff, pro se
Hon. Elizabeth C. Coombe, United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Thomas H. Stabb, Jr. commenced this proceeding under 42 U.S.C. § 1983 and
sought leave to proceed in forma pauperis (“IFP”). (Dkt. Nos. 1, 3). This matter was referred to
United States Magistrate Judge Paul J. Evangelista who, on October 7, 2025 granted Plaintiff’s
application to proceed IFP and issued a Report-Recommendation, recommending that Plaintiff’s
complaint be dismissed with leave to replead. (Dkt. No. 6). On October 27, 2025, the Court
adopted Judge Evangelista’s Report-Recommendation. (Dkt. No. 7). Plaintiff was informed that
he had the opportunity to file an amended complaint within 30 days of the October 27, 2025
order. Plaintiff filed an amended complaint on December 12, 2025. (Dkt. No. 10). The amended
complaint was referred to Judge Evangelista for review who, on January 5, 2026 issued a Report-
Recommendation, recommending that Plaintiff’s amended complaint be dismissed. 	Plaintiff
was informed 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. (Dkt. No. 12, at 7). No objections to the Report-Recommendation
Case 5:25-cv-00280-ECC-PJE Document 13 Filed 02/17/26 Page 1 of 2

2
have been filed.
As no objection to the Report-Recommendation has 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 Evangelista’s Report-Recommendation (Dkt. No. 12) is
ADOPTED; and it is further
ORDERED that Plaintiff’s amended complaint is DISMISSED WITH PREJUDICE;
and it is further;
ORDERED that the Clerk is directed to close the case; 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: February 17, 2026
Case 5:25-cv-00280-ECC-PJE Document 13 Filed 02/17/26 Page 2 of 2