Anthony v. Fein, Such and Crane, LLC, No. 5:2015cv00452 - Document 28 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: that the 22 Order and Report-Recommendation is accepted in whole; Ordered that Plaintiff's second amended complaint (ECF No. 18 ) is Dismissed without prejudice, pursuant to 28 U.S.C. 1915(e)(2)(B)(i-iii); Plaintiff's proposed amended complaint (ECF No. 25 ) shall be reviewed by the Honorable Therese Wiley Dancks to determine its compliance with the Report-Recommendation and 28 U.S.C. 1915A and 1915(e); and the Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. Signed by Judge David N. Hurd on 12/1/2015. (hmr)
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Anthony v. Fein, Such and Crane, LLC Doc. 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CHARLES J. ANTHONY, SR., Plaintiff, No. 5:15-CV-0452 (DNH/TWD) -vFEIN, SUCH AND CRANE, LLC, Defendants. -------------------------------APPEARANCES: OF COUNSEL: 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 action pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. On September 22, 2015, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's second amended complaint be dismissed sua sponte pursuant to 28 U.S.C. §§ 1915A and 1915(e). Although plaintiff was permitted an extension in order to file his objections, no objections have been filed. Instead, plaintiff has filed a third amended complaint. See Amended Complaint, ECF No. 25. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, 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. 18) is DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i-iii); 2. Plaintiff’s proposed amended complaint (ECF No. 25) shall be reviewed by the Honorable Thérèse Wiley Dancks to determine its compliance with the ReportRecommendation and 28 U.S.C. §§ 1915A and 1915(e); and 3. The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: December 1, 2015 Utica, New York -2-
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