Cassell v. Barrett et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________
CHAD M. CASSELL,
Plaintiff,
-v- 	1:25-CV-1435 (AJB/TWD)
OFFICER BARRETT et al.,
Defendants.
_____________________________________
APPEARANCES: 	OF COUNSEL:
CHAD M. CASSELL
Plaintiff, Pro Se
9978
Washington County Jail
399 Broadway
Fort Edward, NY 12828
Hon. Anthony Brindisi, U.S. District Judge:
ORDER ON REPORT & RECOMMENDATION
On October 15, 2025, pro se plaintiff Chad M. Cassell (“plaintiff”) filed a document
entitled a “story letter,” which the Court has construed as a civil rights complaint, alleging that
defendants violated plaintiff’s constitutional rights in connection with state-court proceedings
that appear to have led to his confinement in the Washington County Jail. Dkt. No. 1. Along
with his complaint, plaintiff moved for leave to proceed in forma pauperis (“IFP Applcation”).
Dkt. Nos. 2, 3.
On December 1, 2025, U.S. Magistrate Judge Thérèse Wiley Dancks granted plaintiff’s
IFP Application and, after conducting an initial review of plaintiff’s “story letter,” advised by
Report & Recommendation (“R&R”) that this document be dismissed with leave to amend. Dkt.
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No. 4. As Judge Dancks explained, plaintiff’s “story letter” was replete with legal conclusions
and bereft of any non-conclusory factual allegations. Id. However, in light of plaintiff’s pro se
status, the R&R advised that plaintiff should be given a chance to file an amended pleading that
conforms with the R&R’s instructions and the applicable Federal Rules of Civil Procedure. Id.
Plaintiff has not lodged objections to the R&R, and the time period in which to do so has
expired. See Dkt. No. 4. Notably, however, a recent mailing to plaintiff’s address on file with
the Court—at the Washington County Jail—has been returned as undeliverable, marked with a
handwritten annotation that says “not here.” Dkt. No. 6. Although it is unclear if this Order will
reach plaintiff, he is cautioned that it is his responsibility to promptly update his mailing address
on file with the Court, N.D.N.Y. Local Rule 10.1(c)(2), and that his failure to do so will result in
the dismissal of this action.
Upon review for clear error, the R&R is accepted and will be adopted. See FED. R. C IV.
P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 4) is ACCEPTED; and
2. Plaintiff’s complaint (Dkt. No. 1) is DISMISSED with leave to amend;
3. Plaintiff shall have THIRTY DAYS from the date of this decision in which to submit
an amended complaint for review;
4. If plaintiff timely files an amended complaint, this action will be REFERRED to
Judge Dancks for further review and action as appropriate; and
5. If plaintiff does not timely file an amended complaint, this action will be DISMISSED
without further Order of the Court.
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The Clerk of the Court is directed to terminate the pending motion and set the appropriate
deadlines.
IT IS SO ORDERED.
Dated: January 12, 2026
Utica, New York.
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