OPINION & ORDER Plaintiff Moustapha Magassouba (“Magassouba”), proceeding pro se, alleges that his former counsel, the firm of Cascione, Purcigliotti & Galluzzi, P.C. (the “Firm” or “Cascione”) and each of the Firm’s attorneys (together, “defendants”), committed legal malpractice and violated his constitutional rights in their representation of him in a 2003 state court action in New York Supreme Court. Magassouba alleges that defendants failed to timely file his action, failed to file his case in federal court, misled him about the reasons why certain claims had been dismissed, withheld documents until after his time to appeal expired, and misled him to accept a settlement with certain defendants. Magassouba brought essentially the same claims in a 2018 state court action against defendants. Defendants moved to dismiss the complaint for failure to state a claim and on the grounds that all of Magassouba’s claims are barred by the applicable statute of limitations and by res judicata. On June 14, 2021, the Honorable Barbara Moses filed a Report and Recommendation recommending that the Court grant defendants’ motion and deny Magassouba leave to further amend. See Dkt. 24 (the “Report”). For the following reasons, the Court adopts the Report in full, with a minor modification to the statement of facts. I. Background A. Factual Background1 1. Magassouba’s Arrest and Criminal Charges On August 1, 2000, Magassouba was arrested, pursuant to a warrant, at his home in Bronx County, New York, by New York City Police Department (“NYPD”) the United States Postal Service, and the Financial Crimes Task Force of Southwestern Pennsylvania (the “Task Force”). Am. Compl. at 5; see also Dkt. 15 (“Def. Mot.”), Exs. 1, 3, 10 (“2003 Order”). In support of the arrest warrant, Detective Todd Moses, a Task Force Member, submitted an affidavit. See 2003 Order at 2-3. On November 3, 2000, Magassouba was extradited to Allegheny County, Pennsylvania. Id. On November 28, 2000, immigration officials lodged an immigration detainer against Magassouba, who is a citizen of Guinea, West Africa. Id,; Am. Compl. at 2. Magassouba was charged with “corrupt organizations,” “conspiracy,” “unlawful use of computer,” “forgery,” and “theft by deception,” but, on July 17, 2002, the charges were dismissed. Def. Mot. Ex. 4 16; see also Pl. Opp’n, Ex. 1. Magassouba alleges, however, that he was not ordered released from immigration custody until July 31, 2002 and not actually released until August 1, 2002. See Am. Compl. at 5; see also Def. Mot., Ex, 3 at 1 (notice of claim for 2003 State Court Action); id., Ex. 4 (“2003 State Ct. Compl.”)
17-18. 2. The 2003 State Court Action On or about August 7, 2002, Magassouba contacted defendants about filing suit against the parties involved in his August 2000 arrest. Am. Compl. at 5. The Firm agreed to represent him. Id. On August 15, 2002, Magassouba served a Notice of Claim on the Comptroller of the City of New York, advising that he intended to commence an action and would seek damages of $10 million. See Def. Mot., Ex. 3, at 1-2. On July 30, 2003, the Firm filed the 2003 State Court Action in New York Supreme Court, Bronx County against the City, the NYPD, Allegheny County District Attorney Stephen A. Zappala, Jr., and Detective Moses. See Magassouba v. City of New York, et al, Index No. 21963-03 (N.Y. Sup. Ct. Bronx Cty.). Magassouba alleged that, on August 1, 2000, the state defendants “negligently, wrongfully, willfully, maliciously, and with gross negligence physically detained, falsely arrested and forcefully took plaintiff from his home,” 2003 State Ct. Compl. 12, and between August 1, 2000 until August 1, 2002 — the date of his release from immigration detention — falsely imprisoned him, see id. 17. He brought claims under 42 U.S.C. §§1983 and 1985 and a state law claim for false arrest and wrongful imprisonment. Id.
