Thorpe v. Village of Cambridge et al

Filing 6

DECISION AND ORDER accepting and adopting Magistrate Judge Baxter's 4 Report and Recommendations. All of the claims asserted in Plaintiff's 1 Complaint are DISMISSED, except for the due process claim of his Complaint, which will be dismissed w/out further Order of the Court if Plaintiff fails to file an Amended Complaint w/in 30 days of the date of this Decision and Order. Signed by Judge Glenn T. Suddaby on 2/24/2014. (amt) [Pltf served via reg. mail]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
___________________________________________________
SCOTT M. THORPE,
Plaintiff,
5:13-CV-0902
(GTS/ATB)

v.
VILLAGE OF GREENWICH; VILLAGE OF CAMBRIDGE;
CAMBRIDGE/GREENWICH POLICE DEP’T; GEORGE
BELL, JR., Cambridge/Greenwich Chief of Police;
WASHINGTON CNTY,; WASHINGTON CNTY. CORR.
FACILITY; WASHINGTON CNTY. SHERIFF’S DEP’T;
ROGER LeCLAIRE, former Washington Cnty. Sheriff;
THE POST STAR NEWSPAPER OF GLEN FALLS,
NEW YORK; DON LEHMAN, Reporter/Employee of the
Post Star Newspaper; KEVIN KORTRIGHT, District
Attorney of Washington Cnty.; CHRISTIAN MORRIS,
Washington Cnty. Public Defender’s Office; and BRUCE
HAMILTON, Investigator, Washington Cnty. Sheriff’s Dep’t,
Defendants.
___________________________________________________
APPEARANCES:
SCOTT M. THORPE
Plaintiff, Pro Se
Auburn Correctional Facility
P.O. Box 618
Auburn, New York 13021
GLENN T. SUDDABY, United States District Judge
DECISION and ORDER

Currently before the Court, in the above-captioned civil rights action filed pro se by Scott
M. Thorpe (“Plaintiff”) pursuant to 42 U.S.C. § 1983, is United States Magistrate Judge Andrew
T. Baxter’s Report-Recommendation recommending that all of the claims asserted in Plaintiff’s
Complaint be sua sponte dismissed with prejudice pursuant to 28 U.S.C. § 1915, except for his
due process claim in “Count II” of that Complaint, which Magistrate Judge Baxter recommends

be dismissed only if Plaintiff fails to file an Amended Complaint correcting the pleading defects
in that claim. (Dkt. No. 4.) Plaintiff has filed an Objection to Magistrate Judge Baxter’s
Report-Recommendation. (Dkt. No. 5.) Based upon a de novo review of the filed papers in this
action, including Plaintiff’s Complaint, Magistrate Judge Baxter’s Report-Recommendation, and
Plaintiff’s Objection thereto, the thorough Report-Recommendation is accepted and adopted in
its entirety for the reasons stated therein. (Dkt. No. 5.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 4) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that all of the claims asserted in Plaintiff’s Complaint (Dkt. No. 1) are sua
sponte DISMISSED with prejudice pursuant to 28 U.S.C. § 1915, EXCEPT for the due
process claim in “Count II” of his Complaint, which will be DISMISSED without further Order
of this Court if Plaintiff fails to file an Amended Complaint correcting the pleading defects in
that claim within THIRTY (30) DAYS of the date of this Decision and Order.
Plaintiff is cautioned that his Amended Complaint must be a complete pleading that will
replace and supersede his original Complaint in its entirety, and that his Amended Complaint
may not attempt to re-assert any claim that was dismissed with prejudice by this Decision and
Order. In addition, Plaintiff is reminded that, if he fails to file an Amended Complaint that states
a claim upon which relief can be granted, his action will be dismissed without further Order of
the Court.
Dated: February 24, 2014
Syracuse, New York

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