MEMORANDUM DECISION AND ORDER Plaintiff Dr. Muhammad, pro se, brings this action pursuant to the First and Fourteenth Amendments of the U.S. Constitution; the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12101, et seq.; and 42 U.S.C. §§1983, 1985-1986 against Defendants William Keyser, Gary Sipple, and Sergeant Rohan, each of whom are employees of the Sullivan Correctional Facility (the “Facility”), as well as Defendant Anthony J. Annucci, the Acting Commissioner, and the New York State Department of Corrections and Community Supervision (“DOCCS”) (collectively, “Defendants”). Plaintiff claims that Defendants, motivated by racial and religious animus, violated the U.S. Constitution, the ADA, and Plaintiff’s civil rights by refusing to allow him to use his handmade walking cane and refusing to issue a substitute prison-approved cane while at the Facility. (See Am. Compl., ECF No. 48,
23-30.) Defendants previously moved to dismiss Plaintiff’s original complaint under Federal Rules of Civil Procedure 12(b)(1), (2), (5), and (6). (See Notice Mot. Dismiss, ECF No. 20; Defs.’ Mem. Law Mot. Dismiss, ECF No. 21.) On March 19, 2020, this Court adopted a Report and Recommendation from Magistrate Judge Ona Wang, (2020 Report, ECF No. 40), and dismissed Plaintiff’s complaint but granted leave to amend his claims for monetary damages and injunctive relief regarding Defendant Rohan’s actions. (See Decision, ECF No. 42, at 7; 2020 Report at 17-18.) Because Title II of the ADA does not permit punitive damages in private suits, (see Decision at 6 (citing 2020 Report at 12)), or permit individual-capacity suits against state officials, (id. at 4 (citing 2020 Report at 5)), this Court dismissed all claims against Annucci, Keyser, and Sipple in their entirety and held amendment would be futile as to those claims, (see id.). Before this Court is Magistrate Judge Wang’s February 27, 2023 Report and Recommendation, (the “Report,” ECF No. 97), recommending that this Court grant Defendants’ motion to dismiss the first amended complaint with prejudice, (Mot. Dismiss, ECF No. 74), and that Plaintiff be denied additional leave to further amend his amended complaint. (Report at 13.) In her Report, Magistrate Judge Wang advised the parties that failure to file timely objections would constitute waiver of those objections on appeal. (Id. at 14.) No party has filed objections. Having reviewed the Report for clear error and finding none, this Court ADOPTS the Report. I. FACTUAL ALLEGATIONS Plaintiff is a Muslim man of Arab ethnicity born in the United States. (Am. Compl., 17.) He is “disable[d]” under 42 U.S.C. §12102 because his “ right leg is physically impaired” necessitating the use of a cane. (Id. 19.) On December 9, 2017, Plaintiff attempted to visit an inmate at the Facility with his walking cane. (Id.
