Sabin v. Arthurs et al, No. 7:2012cv01519 - Document 4 (N.D.N.Y 2012)
Court Description: DECISION & ORDER accepting and adopting # 3 Magistrate Judge Dancks' Report and Recommendation in its entirety; and sua sponte dismissing this action without further Order of this Court pursuant to 28 USC 1915(e)(2)(B)(i)-(iii) and Fed .R.Civ.P. 12(h)(3) without prejudice to refiling in state court, unless within 30 days of the date of this decision and order, Plaintiff submits an Amended Complaint that cures the defects in his complaint which were identified by Magistrate Judge Da ncks in her Report-Recommendation (Dkt. No. 3 ). In the event that Plaintiff files an Amended Complaint within thirty (30) days from the date of this Decision and Order, the Clerk is directed to return the file to Magistrate Judge Dancks for further review. Signed by Judge Glenn T. Suddaby on 12/7/12. (lmw) (Copy served upon plaintiff via regular mail with copy of Judge Dancks R&R)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ JON SABIN, Individually and as CEO of Seizure Alert Dogs for Life, Inc., Plaintiff, 7:12-CV-1519 (GTS/TWD) v. JASON ARTHURS; JOHN DORMAN; GILLIAN DORMAN; DORRIE O MEARA; individually and as principal of O Meara Law Firm; JULIE HUTCHISON, individually and as Chelsea Hutchison Foundation, Inc.; AMANDA WHITE; JOSEPH BERARDELLI; CAITLIN HOWELL; JEFFREY HOWELL; GLENN CURRY, in his individual capacity and as an employee of WATN 1240; and COMMUNITY BROADCASTERS, LLC, Defendants. __________________________________________ APPEARANCES: OF COUNSEL: JON SABIN Plaintiff Pro Se P.O. Box 530 South Colton, New York 13687 HON. GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in the above-captioned action for libel and slander filed by Jon Sabin ( Plaintiff ) against the eleven above-captioned Defendants pursuant to 28 U.S.C. § 1332(a), is United States Magistrate Judge Therese Wiley Dancks Report-Recommendation recommending that this action be dismissed sua sponte for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii) and Fed. R. Civ. P. 12(h)(3), unless Plaintiff files a timely Amended Complaint curing the defects in his Complaint. (Dkt. No. 3.) Plaintiff has not filed an Objection to the Report-Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully considering the matter, the Court can find no error with Magistrate Judge Dancks Report-Recommendation, clear or otherwise. As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons stated therein. (Dkt. No. 3.) ACCORDINGLY, it is ORDERED that Magistrate Judge Dancks Report-Recommendation (Dkt. No. 3) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that this action shall be sua sponte DISMISSED without further Order of this Court, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii) and Fed. R. Civ. P. 12(h)(3), without prejudice to refiling in state court, unless, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff submits an Amended Complaint that cures the defects in his Complaint (Dkt. No. 1), which were identified by Magistrate Judge Dancks in her ReportRecommendation (Dkt. No. 3). In the event that Plaintiff files an Amended Complaint within thirty (30) days from the date of this Decision and Order, the Clerk is directed to return the file to Magistrate Judge Dancks for further review. Dated: December 7, 2012 Syracuse, New York 2
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