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. 4). Plaintiff was informed that she 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. 6, at 9). No objections to the Report-Recommendation 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
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adopts the Report-Recommendation in its entirety.
For these reasons, it is hereby
ORDERED that Magistrate Paul J. Evangelista’s Report-Recommendation (Dkt. No. 6)
is ADOPTED; and it is further
ORDERED that claims against the Syracuse Police Department and claims against Barns
in his official capacity for monetary damages is DISMISSED WITHOUT PREJUDICE AND
WITHOUT OPPORTUNITY TO AMEND; and it is further
ORDERED that the remainder of Plaintiff’s complaint be DISMISSED WITHOUT
PREJUDICE AND WITH OPPORTUNITY TO AMEND; 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 it is further
ORDERED that if Plaintiff files a timely amended complaint, it shall be referred to
Magistrate Judge Evangelista for review; and if Plaintiff fails to file a timely amended complaint,
the Clerk is directed to 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: October 27, 2025
Case 5:25-cv-00280-ECC-PJE Document 7 Filed 10/27/25 Page 2 of 2