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Thorpe v. Village of Greenwich

United States District Court, N.D. New York

February 25, 2014

SCOTT M. THORPE, Plaintiff,
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.

SCOTT M. THORPE, Plaintiff, Pro Se, Auburn Correctional Facility, Auburn, New York

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

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.


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