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Anthony v. Brockway

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Sep 30, 2015
5:15-CV-0451 (DNH/TWD) (N.D.N.Y. Sep. 30, 2015)
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Summary

dismissing amended complaint with prejudice where the "[p]laintiff has already been given one opportunity to amend his complaint . . . , and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity"

Summary of this case from Ahmad v. White Plains City Sch. Dist.
See 11 Summaries

Opinion

5:15-CV-0451 (DNH/TWD)

09-30-2015

CHARLES J. ANTHONY, SR., Plaintiff, v. HEATHER BROCKWAY, Defendant.

APPEARANCES: CHARLES J. ANTHONY, SR. Plaintiff, Pro se 8819 Gaskin Road Clay, NY 13041

DAVID N. HURD United States District Judge

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).

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.

/s/_________

United States District Judge

Dated: September 30, 2015

Utica, New York

Summaries of

Anthony v. Brockway

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Sep 30, 2015
5:15-CV-0451 (DNH/TWD) (N.D.N.Y. Sep. 30, 2015)

dismissing amended complaint with prejudice where the "[p]laintiff has already been given one opportunity to amend his complaint . . . , and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity"

Summary of this case from Ahmad v. White Plains City Sch. Dist.

dismissing amended complaint with prejudice where the "[p]laintiff has already been given one opportunity to amend his complaint . . . , and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity"

Summary of this case from Veras v. Jacobson

dismissing amended complaint with prejudice where the "[p]laintiff has already been given one opportunity to amend his complaint . . ., and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity"

Summary of this case from Norman v. Mount Vernon Hosp.

dismissing amended complaint with prejudice where the "[p]laintiff has already been given one opportunity to amend his complaint . . . , and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity"

Summary of this case from Mancuso v. Vill. of Pelham

dismissing amended complaint with prejudice where the "[p]laintiff has already been given one opportunity to amend his complaint . . . , and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity"

Summary of this case from Morales v. Related Mgmt. Co.

dismissing amended complaint with prejudice where the "[p]laintiff has already been given one opportunity to amend his complaint . . . , and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity"

Summary of this case from Vaccaro v. Bank of Am., N.A.

dismissing amended complaint with prejudice where the "[p]laintiff has already been given one opportunity to amend his complaint . . . , and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity"

Summary of this case from Masciotta v. Clarkstown Cent. Sch. Dist.

dismissing amended complaint with prejudice where the “[p]laintiff has already been given one opportunity to amend his complaint ..., and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity”

Summary of this case from Logan v. Matveevskii

dismissing amended complaint with prejudice where the "[p]laintiff has already been given one opportunity to amend his complaint . . ., and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity"

Summary of this case from Melvin v. Cnty. of Westchester

dismissing an amended complaint with prejudice where the “[p]laintiff has already been given one opportunity to amend his complaint ..., and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity”

Summary of this case from Kamdem-Ouaffo v. Pepsico, Inc.

dismissing an amended complaint with prejudice where the “[p]laintiff has already been given one opportunity to amend his complaint ..., and there is nothing in his second amended complaint suggesting that [he] could do better given another opportunity”

Summary of this case from Kamdem-Ouaffo v. Pepsico, Inc.
Case details for

Anthony v. Brockway

Case Details

Full title:CHARLES J. ANTHONY, SR., Plaintiff, v. HEATHER BROCKWAY, Defendant.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Sep 30, 2015

Citations

5:15-CV-0451 (DNH/TWD) (N.D.N.Y. Sep. 30, 2015)

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