Moss v. Burlington Coat Factor Stores, Inc., No. 1:2017cv00706 - Document 5 (N.D.N.Y 2017)
Court Description: DECISION and ORDER adopting Report and Recommendations re 3 Report and Recommendations. This action shall be DISMISSED pursuant to 28 U.S.C. § 1915(e) unless, within thirty (30) days of the date of this Decision and Order plaintiff files an amended complaint that corrects the pleading defects identified in the Report-Recommendation; If plaintiff files an amended complaint within the referenced thirty (30) day period, then the amended complaint shall be referred to Magistrate Judge H ummel for his review; and If, however, plaintiff fails to file an amended complaint within the referenced thirty (30) day period, then this action shall be dismissed without further order. IT IS SO ORDERED. Signed by Judge David N. Hurd on 9/26/2017. (Copy served via regular and certified mail) (khr)
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Moss v. Burlington Coat Factor Stores, Inc. Doc. 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------KYRA MOSS, Plaintiff, -v- 1:17-CV-706 (DNH/CFH) SOCIAL SECURITY ADMINISTRATION, Defendant. -------------------------------APPEARANCES: KYRA MOSS Plaintiff pro se 18 Providence Place Apartment 7 Albany, NY 12202 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Kyra Moss brought this employment discrimination alleging age discrimination. On August 31, 2017, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed for failure to state a claim and comply with pleading standards, but that such dismissal be without prejudice to plaintiff filing an amended complaint. Plaintiff submitted timely objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Dockets.Justia.com Therefore, it is ORDERED that 1. This action shall be DISMISSED pursuant to 28 U.S.C. § 1915(e) unless, w ithin thirty (30) days of the date of this Decision and Order plaintiff files an amended complaint that corrects the pleading defects identified in the Report-Recommendation; 2. If plaintiff files an amended complaint within the referenced thirty (30) day period, then the amended complaint shall be referred to Magistrate Judge Hummel for his review; and 3. If, however, plaintiff fails to file an amended complaint within the referenced thirty (30) day period, then this action shall be dismissed without further order. IT IS SO ORDERED. Dated: September 26, 2017 Utica, New York. -2-
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