DECISION & ORDER On January 14, 2020, the plaintiff, Richard Orens, commenced this action in New York State Supreme Court, Erie County. Docket Item 1-1. He has sued the Amherst Police Department and the Town of Amherst (the “Amherst defendants”) as well as Erie County Central Police Services (“Erie County CPS”), the Erie County Sheriff’s Office, and the County of Erie (the “Erie defendants”). Docket Item 1-6. And he alleges that the defendants violated his federal and state constitutional rights and New York State law by detaining and incarcerating him based on an invalid arrest warrant in January 2019. See id. Because Orens’s claims were brought under 42 U.S.C. §1983 as well as under state law, the Erie defendants removed the case to this Court on June 23, 2020. Docket Item 1. A day later, the Erie defendants moved to dismiss Orens’s claims against them under Federal Rule of Civil Procedure 12(b)(6). Docket Item 2. Orens responded to that motion on August 29, 2020, and the Erie defendants replied on September 1, 2020. Docket Items 11, 13. In the meantime, this Court referred this case to United States Magistrate Judge Leslie G. Foschio for all proceedings under 28 U.S.C. §636(b)(1)(A) and (B). Docket Item 5. On June 17, 2022, Judge Foschio issued a Report and Recommendation (“R&R”) finding that the Erie defendants’ motion should be granted. Docket Item 16. Orens objected to the R&R on July 1, 2022, and the Erie defendants responded to Orens’s objection on July 6, 2022.1 Docket Items 17, 20. Orens did not reply, and the time to do so has expired. See Docket Item 18. A district court may accept, reject, or modify the findings or recommendations of a magistrate judge. 28 U.S.C. §636(b)(1); Fed. R. Civ. P. 72(b)(3). The court must review de novo those portions of a magistrate judge’s recommendation to which a party objects. 28 U.S.C. §636(b)(1); Fed. R. Civ. P. 72(b)(3). This Court has carefully and thoroughly reviewed the R&R; the record in this case; the objection and response; and the materials submitted to Judge Foschio. Based on that de novo review, the Court accepts and adopts Judge Foschio’s recommendation to grant the Erie defendants’ motion to dismiss.2 FACTUAL BACKGROUND3 On January 14, 2019, Orens “was stopped while driving a motor vehicle” in Kenmore, New York, because of “an improper license[] pla[te]” which had “ paint peeling from the plate and an expired inspection sticker.” Docket Item 1-6 at 8. “During the investigation” for that improper license plate, Orens “was informed by [o]fficers of the Kenmore Police Department that he had an active [a]rrest [w]arrant in the Town of Amherst” for “the charge of [i]ssuing a [b]ad [c]heck in violation of” New York Penal Law §190.05 and that “he was wanted by the Amherst Police Department for th[at] charge.” Id. Orens consequently “was placed in custody by the Village of Kenmore Police Department and turned over to the Town of Amherst Police Department.” Id. at 14. After Orens was taken into custody, he “appeared in the Town of Amherst Justice Court…where [the presiding judge] informed [Orens] that he had not been arraigned for the charge of [i]ssuing a [b]ad [c]heck.” Id. Orens then “was remanded to the [c]ustody of the Sheriff of Erie County,” where “he remained in custody from January 14, 2019[,] to January 17, 2019.” Id. at 15. At that point, “the ‘charge’ was ‘dismissed’ pursuant to Section 30.30 of the Criminal Procedure Law.” Id. (quotation marks in original); see N.Y. Crim. Proc. Law §30.30 (speedy trial and time limitations). But Orens never should have been arrested in 2019 for issuing a bad check. That charge had been “legally closed” when Orens pleaded guilty to “two [] charges of [i]ssuing a [b]ad [c]heck” back in 2003. Id. at
8, 11. Orens had been sentenced to two to four years’ imprisonment on those two charges and had long completed that sentence when he was stopped in 2019. Id. at
