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.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
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