Hurt v. Country Joe and the Fish et al

Filing 6

DECISION AND ORDER: The # 5 Report-Recommendation of Magistrate Judge Therese Wiley Dancks is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that plaintiff's # 1 Complaint is DISMISSED in its entirety with leave to amend. It is ORDERED that if plaintiff chooses to file an amended complaint, such amended complaint shall supersede and replace his original complaint in its entirety and plaintiff shall: (1) submit a fully completed in forma pauperis application , (2) submit a completed civil cover sheet as required by Local Rule 3.1 of the Northern District of New York, (3) include a caption on the amended complaint that clearly identifies by name each individual or entity that plaintiff is suing, the civil action number and initials of the assigned judges, and identify it as an amended complaint as required by Local Rule 10.1(c)(1) and (4) set forth his amended complaint in sequentially numbered paragraphs containing only one act of misconduct per par agraph. It is ORDERED that in the event plaintiff fails to file an amended complaint within thirty (30) days of the date of this Decision and Order, this case will be closed and judgment entered accordingly without further order. Signed by Judge David N. Hurd on 11/23/2015. [Copy served upon pro se plaintiff via regular mail.] (mc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------WILLIE EDDIE CONLEY HURT,
Plaintiff,
-v-

5:15-CV-01207
(DNH/TWD)

COUNTRY JOE AND THE FISH, et al.,
Defendants.
-------------------------------APPEARANCES:
WILLIE EDDIE CONLEY HURT
Plaintiff, Pro se
513 Utica Street
Fulton, NY 13069
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Willie Eddie Conley Hurt brought this action alleging copyright
infringement. On October 13, 2015, the Honorable Thérèse Wiley Dancks, United States
Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed
with leave to amend pursuant to 28 U.S.C. § 1915(e)(2)(B). No objections to the ReportRecommendation have been received.
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 complaint is DISMISSED in its entirety with leave to amend;

2. If Plaintiff chooses to file an amended complaint, such amended complaint shall
supersede and replace his original complaint in its entirety and plaintiff shall: (1) submit a fully
completed in forma pauperis application, (2) submit a completed civil cover sheet as required by
Local Rule 3.1 of the Northern District of New York, (3) include a caption on the amended
complaint that clearly identifies by name each individual or entity that plaintiff is suing, the civil
action number and initials of the assigned judges, and identify it as an amended complaint as
required by Local Rule 10.1(c)(1) and (4) set forth his amended complaint in sequentially
numbered paragraphs containing only one act of misconduct per paragraph;
3. In the event plainitff fails to file an amended complaint within thirty (30) days of the
date of this Decision and Order, this case will be closed and judgment entered accordingly
without further order; and
4. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with
the Local Rules.
IT IS SO ORDERED.

Dated: November 23, 2015
Utica, New York

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