Vazquez-Curet v. Colonie Police Department of Albany NY

N.D. New York

Vazquez-Curet v. Colonie Police Department of Albany NY

District Court, N.D. New York·Decided May 28, 2020·No. 1:20-cv-00151·Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ISRAEL VAZQUEZ-CURET, Plaintiff, 1:20-cv-151 (GLS/DJS) v. COLONIE POLICE DEPARTMENT OF ALBANY, NY et al. Defendants. APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Israel Vazquez-Curet Pro Se 16-A-2097 Washington Correctional Facility Box 180 72 Lock 11 Lane Comstock, NY 12821 Gary L. Sharpe Senior District Judge ORDER The above-captioned matter comes to this court following a Report- Recommendation and Order (R&R) by Magistrate Judge Daniel J. Stewart duly filed on April 9, 2020. (Dkt. No. 16.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein, to the court for review. Plaintiff pro se Israel Vazquez-Curet has submitted what appears, at first glance, to be an objection to the R&R. (Dkt. No. 17.) In that document, Vazquez-Curet seeks to clarify that defendant Ryan Berkery was the arresting

officer, who injured him during the arrest. (Id.) While the R&R correctly discusses that, other than the caption and listing of defendants, the complaint does not specify that Berkery was the officer that used force against Vazquez- Curet, Judge Stewart nonetheless recommends that an excessive force claim against Berkery survive initial review. (Dkt. No. 16 at 4-5.) As such, the

“objection” is not really an objection at all. In any case, the court has reviewed the R&R for clear error and finds none. See Almonte v. N.Y. State Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at *5-6 (N.D.N.Y. Jan. 18, 2006).

Accordingly, it is hereby ORDERED that the Report-Recommendation and Order (Dkt. No. 16) is ADOPTED in its entirety; and it is further ORDERED that any claims against defendant Colonie Police

Department of Albany, NY are DISMISSED WITH PREJUDICE; and it is further ORDERED that the clerk shall TERMINATE Colonie Police Department of Albany, NY as a defendant; and it is further

ORDERED that the Clerk provide a copy of this Order to Vazquez-Curet 2 in accordance with the Local Rules of Practice. IT IS SO ORDERED. May 28, 2020 Albany, New York ‘S.District Judge

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ISRAEL VAZQUEZ-CURET, Plaintiff, 1:20-cv-151 (GLS/DJS) v. COLONIE POLICE DEPARTMENT OF ALBANY, NY et al. Defendants. APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Israel Vazquez-Curet Pro Se 16-A-2097 Washington Correctional Facility Box 180 72 Lock 11 Lane Comstock, NY 12821 Gary L. Sharpe Senior District Judge ORDER The above-captioned matter comes to this court following a Report- Recommendation and Order (R&R) by Magistrate Judge Daniel J. Stewart duly filed on April 9, 2020. (Dkt. No. 16.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein, to the court for review. Plaintiff pro se Israel Vazquez-Curet has submitted what appears, at first glance, to be an objection to the R&R. (Dkt. No. 17.) In that document, Vazquez-Curet seeks to clarify that defendant Ryan Berkery was the arresting

officer, who injured him during the arrest. (Id.) While the R&R correctly discusses that, other than the caption and listing of defendants, the complaint does not specify that Berkery was the officer that used force against Vazquez- Curet, Judge Stewart nonetheless recommends that an excessive force claim against Berkery survive initial review. (Dkt. No. 16 at 4-5.) As such, the

“objection” is not really an objection at all. In any case, the court has reviewed the R&R for clear error and finds none. See Almonte v. N.Y. State Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at *5-6 (N.D.N.Y. Jan. 18, 2006).

Accordingly, it is hereby ORDERED that the Report-Recommendation and Order (Dkt. No. 16) is ADOPTED in its entirety; and it is further ORDERED that any claims against defendant Colonie Police

Department of Albany, NY are DISMISSED WITH PREJUDICE; and it is further ORDERED that the clerk shall TERMINATE Colonie Police Department of Albany, NY as a defendant; and it is further

ORDERED that the Clerk provide a copy of this Order to Vazquez-Curet 2 in accordance with the Local Rules of Practice. IT IS SO ORDERED. May 28, 2020 Albany, New York ‘S.District Judge

Vazquez-Curet v. Colonie Police Department of Albany NY, (N.D.N.Y. 2020).

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