Townsend v. GHI et al, No. 1:2013cv01599 - Document 5 (N.D.N.Y 2014)
Court Description: DECISION and ORDER: ORDERED that Magistrate Judge Hummel's 4 Report-Recommendation is ACCEPTED and ADOPTED in its entirety; ORDERED that Plaintiff's Complaint shall be sua sponte DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) unless, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an Amended Complaint that cures the pleading defects identified in the Report-Recommendation. Signed by Judge Glenn T. Suddaby on 5/20/2014. (mgh)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ NADINE TOWNSEND, Plaintiff, 1:13-CV-1599 (GTS/CFH) v. GHI; and DR. AHMAD ALABBADI, Defendants. __________________________________________ APPEARANCES: NADINE TOWNSEND Plaintiff, Pro Se 911 Central Avenue, #329 Albany, New York 12206 GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in this pro se civil action filed by Nadine Townsend ( Plaintiff ) against the two above-captioned individuals ( Defendants ), is United States Magistrate Christian F. Hummel s Report-Recommendation recommending Plaintiff s Complaint be dismissed unless she corrects the pleading defects in her Complaint. (Dkt. No. 4.) Plaintiff has not filed an objection to the Report-Recommendation, and the deadline in which to do so has expired. (See generally Docket Sheet.) After carefully considering the matter, the Court can find no clear error in Magistrate Judge Hummel s Report-Recommendation. (Dkt. No. 4.)1 Magistrate Judge Hummel employed 1 When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a clear error review, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the the proper standards, accurately recited the facts, and reasonably applied the law to those facts. (Id.) As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons stated therein. ACCORDINGLY, it is ORDERED that Magistrate Judge Hummel s Report-Recommendation (Dkt. No. 4) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff s Complaint (Dkt. No. 4) shall be sua sponte DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) unless, within THIRTY (30) DAYS of the date of this Decision and Order, Plaintiff files an Amended Complaint that cures the pleading defects identified in the Report-Recommendation.. Dated: May 20, 2014 Syracuse, New York recommendation. Id.: see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1. (S.D.N.Y. July 31, 1995) (Sotomayor, J.) ( I am permitted to adopt those sections of [a magistrate judge s] report to which no specific objection is made, so long as those sections are not facially erroneous. ) (internal quotation marks and citations omitted). 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
