Soberanis v. Spellman et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________
KENNETH G. SOBERANIS,
Plaintiff,
-v- 	6:25-CV-676 (AJB/PJE)
JARYN A. SPELLMAN et al.,
Defendants.
_____________________________________
APPEARANCES: 	OF COUNSEL:
KENNETH G. SOBERANIS
Plaintiff, Pro Se
200 N. Levitt Street, Apt. 810
Liberty Gardens
Rome, NY 13440
Hon. Anthony Brindisi, U.S. District Judge:
ORDER ON REPORT & RECOMMENDATION
On May 27, 2025, pro se plaintiff Kenneth G. Soberanis (“plaintiff”) filed this 42 U.S.C.
§ 1983 action alleging that defendants violated his constitutional rights. Dkt. No. 1. Along with
his complaint, plaintiff moved for leave to proceed in forma pauperis (“IFP Application”). Dkt.
Nos. 2, 3, 6.
On May 4, 2026, U.S. Magistrate Judge Paul J. Evangelista granted plaintiff’s IFP Appli-
cation and, after conducting an initial review of the complaint, advised by Report & Recommen-
dation (“R&R”) that plaintiff’s: (1) § 1983 individual-capacity Fourth Amendment excessive force
claims against defendants Spellman and Jane Doe survived initial review; (2) official-capacity
claims for money damages against all defendants be dismissed with leave to amend; (3) § 1983
individual-capacity Fourteenth Amendment failure-to-protect claim against defendant Corcoran
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be dismissed with leave to amend; and (4) § 1983 individual-capacity Fourteenth Amendment
medical-indifference claim be dismissed with leave to amend. 	Dkt. No. 8. 	Judge Evangelista
further recommended that, before the issuance of service of process be ordered as to the surviving
claims, plaintiff should be given a thirty-day period in which he would have an opportunity to
amend the other claims that were currently subject to dismissal.
Plaintiff has not lodged objections, and the time period in which to do so has expired. See
Dkt. No. 8. Upon review for clear error, the R&R is accepted and will be adopted. See F ED. R.
C IV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 8) is ACCEPTED;
2. Plaintiff’s § 1983 individual-capacity Fourth Amendment excessive force claims against
defendants Spellman and Jane Doe SURVIVE initial review;
3. 	Plaintiff remaining claims (including his official-capacity claims for money damages
against all defendants, his § 1983 individual-capacity Fourteenth Amendment failure-to-protect
claim against defendant Corcoran, and his § 1983 individual-capacity Fourteenth Amendment
medical-indifference claim) are DISMISSED with leave to amend;
4. Plaintiff shall have THIRTY DAYS in which to file an amended complaint that con-
forms with the instructions set forth in Judge Evangelista’s R&R;
5. If plaintiff timely files an amended complaint, the Clerk is directed to REFER the file
to Judge Evangelista for further review and action as appropriate; and
6. 	If plaintiff does not timely file an amended complaint, the Court will consider those
dismissed claims to have been abandoned, those claims will be deemed to have been stricken from
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the pleading, and the file will be REFERRED to Judge Evangelista for an appropriate order relating
to service as to the surviving claims.
The Clerk of the Court is directed to terminate the pending motion and set a deadline ac-
cordingly.
IT IS SO ORDERED.
Dated:
Utica, New York.
May 28, 2026
Case 6:25-cv-00676-AJB-PJE Document 9 Filed 05/28/26 Page 3 of 3