Anthony v. Brockway, No. 5:2015cv00451 - Document 18 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: The # 16 Report and Recommendation is accepted in whole. It is ORDERED that the Plaintiff's # 12 Second Amended Complaint is DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii); and the Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. The Clerk of the Court shall enter judgment and close this case. Signed by Judge David N. Hurd on September 30, 2015. (rep)
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Anthony v. Brockway Doc. 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CHARLES J. ANTHONY, SR., Plaintiff, -v- 5:15-CV-0451 (DNH/TWD) HEATHER BROCKWAY, Defendant. -------------------------------APPEARANCES: CHARLES J. ANTHONY, SR. Plaintiff, Pro se 8819 Gaskin Road Clay, NY 13041 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Charles J. Anthony, Sr. brought this civil rights action pursuant to 42 U.S.C. § 1983. On September 4, 2015, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's second amended complaint be dismissed without leave to amend pursuant to 1915(e)(2)(B)(ii) for failure to state a claim. Plaintiff submitted objections to the Report-Recommendation. See ECF No. 17. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Dockets.Justia.com Therefore, it is ORDERED that: 1. Plaintiff's second amended complaint (ECF No. 12) is DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii); and 2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. The Clerk of the Court shall enter judgment and close this case. IT IS SO ORDERED. Dated: September 30, 2015 Utica, New York -2-
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