Smith v. New York Central Mutual et al, No. 1:2019cv01354 - Document 7 (W.D.N.Y. 2019)
Court Description: DECISION AND ORDER: Plaintiff's complaint 1 is DISMISSED WITH PREJUDICE. The pending motions 5 6 are DENIED AS MOOT. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/27/2019. A copy of the NEF and order were mailed to Plaintiff. (MFM)-CLERK TO FOLLOW UP-
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Smith v. New York Central Mutual et al Doc. 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK KEVIN P. SMITH, Plaintiff, Case # 19-CV-1354-FPG v. DECISION AND ORDER NEW YORK CENTRAL MUTUAL, et al., Defendants. On October 3, 2019, pro se Plaintiff Kevin P. Smith filed a complaint against dozens of seemingly unrelated defendants. ECF No. 1. For example, he sues Governor Andrew Cuomo, Home Depot, the Red Roof Inn, Sherwin Williams, and the Dallas Cowboys. His allegations are indecipherable. On its face, the complaint fails to disclose a viable cause of action or a basis for subject matter jurisdiction. Sua sponte dismissal is therefore appropriate. See, e.g., Scotto v. Computershare, No. 19-CV-2403, 2019 WL 6328142, at *2 (E.D.N.Y. Nov. 25, 2019) (collecting cases). Furthermore, given the content of Plaintiff’s filings in this case, see ECF Nos. 1, 4, 5, there are no grounds to believe that amendment would be anything but futile. Accordingly, Plaintiff’s complaint (ECF No. 1) is DISMISSED WITH PREJUDICE. The pending motions (ECF Nos. 5, 6) are DENIED AS MOOT. The Clerk of Court is directed to enter judgment and close this case. IT IS SO ORDERED. Dated: November 27, 2019 Rochester, New York ______________________________________ HON. FRANK P. GERACI, JR. Chief Judge United States District Court 1 Dockets.Justia.com
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