Laspisa v. Carrington Mortgage Services et al, No. 1:2018cv00211 - Document 10 (N.D.N.Y 2018)
Court Description: DECISION AND ORDER accepting and adopting # 6 Magistrate Judge Stewart's Report and Recommendation in its entirety. Plaintiff' Complaint shall be sua sponte DISMISSED with prejudice, without further Order of the Court, UNLESS, within THIRT Y (30) DAYS of the date of this Decision and Order, Plaintiff files an Amended Complaint that corrects the pleading defects identified in the Report-Recommendation. If Plaintiff files an Amended Complaint within the above-referenced thirty-day period, the Amended Complaint shall be referred to Magistrate Judge Stewart for his review. Signed by Chief Judge Glenn T. Suddaby on 7/11/18. (lmw) (Copy served upon pro se plaintiff via regular mail)
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Laspisa v. Carrington Mortgage Services et al Doc. 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________________ JOHN LASPISA, Plaintiff, 1:18-CV-0211 (GTS/DJS) v. CARRINGTON MORTG. SERVS.; and DOES 1 TO 20, Defendants. _____________________________________________ APPEARANCES: JOHN LASPISA Plaintiff, Pro Se 166 Ballston Ave Ballston Spa, New York 12020 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in this pro se civil rights action filed by John Laspisa (“Plaintiff”) against the above-captioned entity and individuals (“Defendants”), are (1) United States Magistrate Judge Daniel J. Stewart’s Report-Recommendation recommending that Plaintiff’s Complaint be sua sponte dismissed with prejudice pursuant to 28 U.S.C. § 1915(e) unless he files an Amended Complaint that corrects the pleading defects identified in his original Complaint, and (2) Plaintiff’s Objections to the Report-Recommendation. (Dkt. Nos. 5. 9.) After carefully reviewing the relevant papers herein, including Magistrate Judge Stewart’s thorough Report-Recommendation, the Court can find no error (clear or otherwise) in the Report-Recommendation: Magistrate Judge Stewart employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Dockets.Justia.com Report-Recommendation is accepted and adopted in its entirety for the reasons set forth therein. ACCORDINGLY, it is ORDERED that Magistrate Judge Stewart’s Report-Recommendation (Dkt. No. 5) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff’s Complaint (Dkt. No. 1) shall be sua sponte DISMISSED with prejudice, without further Order of the Court, UNLESS, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an Amended Complaint that corrects the pleading defects identified in the Report-Recommendation; and it is further ORDERED that, if Plaintiff files an Amended Complaint within the above-referenced thirty-day period, the Amended Complaint shall be referred to Magistrate Judge Stewart for his review. Dated: July 11, 2018 Syracuse, New York ____________________________________ HON. GLENN T. SUDDABY Chief United States District Judge 2
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