Rummler v. Jefferson County Emergency Medical Service

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
SCOTT RUMMLER,
Plaintiff,
v.
JEFFERSON COUNTY EMERGENCY
MEDICAL SERVICE,
Defendant.
5:25-cv-1062 (BKS/CBF)
Appearances:
Plaintiff pro se:
Scott Rummler
Watertown, NY 13601
Hon. Brenda K. Sannes, Chief United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Scott Rummler brought this action pro se asserting claims under 42 U.S.C. §
1983 against Defendant Jefferson County Emergency Medical Service. (Dkt. No. 1). Plaintiff
also sought leave to proceed in forma pauperis (“IFP”). (Dkt. No. 2). This matter was referred to
United States Magistrate Judge Thérèse Wiley Dancks for an initial review pursuant to 28 U.S.C.
§ 1915(e)(2) and Local Rule 72.3(d). On October 15, 2025, Magistrate Judge Dancks granted
Plaintiff’s application to proceed IFP and issued a Report-Recommendation, recommending that
Plaintiff’s complaint be dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B) for failure
to state a claim. (Dkt. No. 5). This court adopted Magistrate Judge Dancks Report-
Recommendation and dismissed Plaintiff’s complaint, with leave to amend. On November 17,
2025, Plaintiff filed an Amended Complaint and on December 3, 2025, Plaintiff filed a Second
Amended Complaint. (Dkt. Nos. 7, 8). Magistrate Judge Thérèse Wiley Dancks conducted an
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initial review of the Amended Complaints pursuant to 28 U.S.C. § 1915(e)(2) and Local Rule
72.3(d), and issued a Report-Recommendation, recommending that Plaintiff’s Amended
Complaints be dismissed for failure to state a claim. (Dkt. No. 9). Magistrate Judge Dancks
informed Plaintiff 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. (Id. at 5-6). 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. Having reviewed the Report-Recommendation for clear
error and found none, the Court adopts the recommendation that the Amended Complaints be
dismissed for failure to state a claim because Plaintiff has failed to plausibly allege a claim of
municipal liability under Monell.
For these reasons, it is hereby
ORDERED that the recommendation in Magistrate Judge Dancks’ Report-
Recommendation (Dkt. No. 9) is ADOPTED; and it is further
ORDERED that Plaintiff’s Amended Complaint (Dkt. NO. 7) and Second Amended
Complaint (Dkt. No. 8) are DISMISSED for failure to state a claim; and it is further
ORDERED that the Clerk is directed to issue a judgment and close this case; and it is
further
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ORDERED that the Clerk serve a copy of this Order on Plaintiff in accordance with the
Local Rules.
IT IS SO ORDERED.
Dated: March 26, 2026
Syracuse, New York
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