Summary
The United States District Court for the Northern District of New York adopted a magistrate judge’s recommendation and dismissed Scott Rummler’s amended and second amended complaints under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim. The court concluded that Rummler had not plausibly alleged municipal liability under Monell and directed the Clerk to enter judgment and close the case.
Holdings
- When no objections are filed to a magistrate judge's Report-Recommendation and the objection period has expired, the district court reviews the recommendation for clear error.
- The Amended Complaint and Second Amended Complaint failed to state a claim because they did not plausibly allege municipal liability under Monell.
Questions Presented
- Whether the magistrate judge's recommendation to dismiss the Amended Complaint and Second Amended Complaint for failure to state a claim should be adopted when the plaintiff filed no objections.
- Whether the amended pleadings plausibly alleged municipal liability under Monell.
Disposition
dismissed
Cases Cited (2)
- Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2013)(followed)
- Monell(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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