Muhammad v. Onondaga County Sheriff's Office Justice Center et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
ALI MUHAMMAD,
Plaintiff,
v.
DEPUTY JAYUAN WILLIS,
DEPUTY DEMKO, DEPUTY
CULLEN and DEPUTY JESSE
MORNS,
Defendants.
9:24-cv-872 (BKS/MJK)
Appearances:
Plaintiff pro se:
Ali Muhammad
18-B-2592
Five Points Correctional Facility
Caller Box 119
Romulus, NY 14541
Hon. Brenda K. Sannes, Chief United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Ali Muhammad brought this action pro se asserting claims under 42 U.S.C. §
1983 arising out of his detention at the Onondaga County Justice Center. (Dkt. No. 1, 8). On
January 6, 2025, the Court issued an order reviewing the operative amended complaint pursuant
to 28 U.S.C. § 1915A. (Dkt. No. 9) The Court ruled that Plaintiff’s Eighth Amendment
conditions-of-confinement claim against Defendants Willis, Demko, Cullen, and Morns survived
its review, and dismissed the remaining claims without prejudice for failure to state a claim. (Id.,
at 14). On March 11, 2025, Defendants moved to dismiss the amended complaint under Federal
Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Dkt. No. 18). Plaintiff opposed the
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motion, (Dkt. No. 21), and Defendants filed a reply. (Dkt. No. 22). This matter was assigned to
United States Magistrate Judge Mitchell J. Katz, who on October 28, 2025 issued a Report-
Recommendation, recommending that Defendants’ motion be granted and that the amended
complaint be dismissed. (Dkt. No. 26). Magistrate Judge Katz informed the parties that they 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 16). No objections to the Report-Recommendation have been filed.
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. The Court agrees with Magistrate Judge Katz’s
determination that the amended complaint fails to plausibly allege that Defendants Willis,
Demko and Cullen were personally involved in the alleged constitutional violation, and fails to
plausibly allege that Defendant Morris acted with deliberate indifference. (Dkt. No. 26, at 9-12).
The Court finds no clear error in that determination and for that reason adopts the
recommendation in the Report-Recommendation.
For these reasons, it is hereby
ORDERED that Magistrate Judge Katz’s recommendation (Dkt. No. 26) to dismiss the
amended complaint is ADOPTED for the reasons set forth above; and it is further
ORDERED that that Defendants’ Motion to Dismiss (Dkt. 18) is GRANTED; and it is
further
ORDERED that Plaintiff’s Amended Complaint (Dkt. No. 8) is DISMISSED; and it is
further
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ORDERED that the Clerk shall enter judgment and close this 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: January 7, 2026
Syracuse, New York
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