Anthony v. Murphy, No. 5:2015cv00450 - Document 10 (N.D.N.Y 2015)
Court Description: DECISION & ORDER: It is Ordered that the Court hereby adopts the # 7 Report and Recommendations in its entirety, the # 4 Amended/Supplemental Complaint is hereby DISMISSED with prejudice upon initial review under 28 USC section 1915(e), further t he Court orders that the # 8 Third Motion for Leave to Proceed in forma pauperis and the # 9 Motion to Appoint Counsel are DENIED AS MOOT. The Clerk is directed to enter Judgment and close this case. Signed by Judge David N. Hurd on 5/27/2015. {Copy served upon pro se plaintiff by regular and certified mail} (jmb)
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Anthony v. Murphy Doc. 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CHARLES J. ANTHONY, SR., Plaintiff, v. 5:15-CV-450 (DNH/TWD) JAMES P. MURPHY, Honorable Justice, Defendant. -------------------------------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. filed this action on April 15, 2015, and subsequently filed a superseding amended/supplemental complaint. On April 28, 2015, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by ReportRecommendation that plaintiff's amended/supplemental complaint be dismissed with prejudice. No objections to the Report-Recommendation were filed. Currently also pending are motions by plaintiff to proceed in forma pauperis and for the appointment of counsel. 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). As the complaint will be dismissed with prejudice, there is no need to consider Dockets.Justia.com plaintiff's pending motions to proceed in forma pauperis and for the appointment of counsel. Accordingly, those motions will be denied as moot. Therefore, it is ORDERED that 1. Plaintiff's amended/supplemental complaint is DISMISSED with prejudice upon initial review under 28 U.S.C. § 1915(e); 2. Plaintiff's third motion to proceed in forma pauperis is DENIED as moot; 3. Plaintiff's motion for the appointment of counsel is DENIED as moot; and 4. The Clerk enter judgment accordingly, close the file, and serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED. Dated: May 27, 2015 Utica, New York. -2-
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