Anthony v. Fein, Such and Crane, LLC

Filing 28

DECISION AND ORDER: that the 22 Order and Report-Recommendation is accepted in whole; Ordered that Plaintiff's second amended complaint (ECF No. 18 ) is Dismissed without prejudice, pursuant to 28 U.S.C. 1915(e)(2)(B)(i-iii); Plaintiff's proposed amended complaint (ECF No. 25 ) shall be reviewed by the Honorable Therese Wiley Dancks to determine its compliance with the Report-Recommendation and 28 U.S.C. 1915A and 1915(e); and the Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules. Signed by Judge David N. Hurd on 12/1/2015. (hmr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------CHARLES J. ANTHONY, SR.,
Plaintiff,
No. 5:15-CV-0452
(DNH/TWD)

-vFEIN, SUCH AND CRANE, LLC,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

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 action pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et seq. On September 22, 2015, the Honorable
Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation
that plaintiff's second amended complaint be dismissed sua sponte pursuant to 28 U.S.C. §§
1915A and 1915(e). Although plaintiff was permitted an extension in order to file his objections,
no objections have been filed. Instead, plaintiff has filed a third amended complaint. See
Amended Complaint, ECF No. 25.
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).

Therefore, it is
ORDERED that:
1. Plaintiff's second amended complaint (ECF No. 18) is DISMISSED without prejudice,
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i-iii);
2. Plaintiff’s proposed amended complaint (ECF No. 25) shall be reviewed by the
Honorable Thérèse Wiley Dancks to determine its compliance with the ReportRecommendation and 28 U.S.C. §§ 1915A and 1915(e); and
3. The Clerk is directed to serve a copy of this Decision and Order upon the parties in
accordance with the Local Rules.
IT IS SO ORDERED.

Dated: December 1, 2015
Utica, New York

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