George v. Progressive Insurance Agency, Inc. et al, No. 5:2018cv01138 - Document 5 (N.D.N.Y 2019)
Court Description: DECISION AND ORDER granting # 4 Report and Recommendations in whole. IT IS SO ORDERED that Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE; Plaintiff is provided an opportunity to amend the complaint within forty-five (45) days of the dat e of this Decision and Order to correct the deficiencies identified in the Report-Recommendation; If plaintiff timely files an amended complaint within forty-five (45) days of the date of this Decision and Order, the file be forwarded to United State s Magistrate Judge Andrew T. Baxter for further review; and if plaintiff fails to file an amended complaint within forty-five (45) days of the date of this Decision and Order, the complaint be dismissed in its entirety without further order. Signed by Judge David N. Hurd on 10/21/2019. {Clerk served copy upon Pro Se Plaintiff via regular mail} (pjh)
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George v. Progressive Insurance Agency, Inc. et al Doc. 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------FRANCINE J. GEORGE, Plaintiff, -v- 5:18-CV-1138 (DNH/ATB) PROGRESSIVE INSURANCE AGENCY, INC.; ATTORNEY NEIL GINGOLD; ATTORNEY JOHN DOE 1; JOHN DOE 2; and JOHN DOE 3, Defendants. -------------------------------APPEARANCES: FRANCINE J. GEORGE Plaintiff pro se 268P Martins Lane Nedrow, NY 13120 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Francine J. George brought this civil action against Progressive Insurance Agency, Inc., two attorneys, and two additional John Does. On September 28, 2018, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by ReportRecommendation that plaintiff's complaint be dismissed without prejudice. No objections to the Report-Recommendation have been filed. 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. Dockets.Justia.com ยง 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE; 2. Plaintiff is provided an opportunity to amend the complaint within forty-five (45) days of the date of this Decision and Order to correct the deficiencies identified in the ReportRecommendation; 3. If plaintiff timely files an amended complaint within forty-five (45) days of the date of this Decision and Order, the file be forwarded to United States Magistrate Judge Andrew T. Baxter for further review; and 4. If plaintiff fails to file an amended complaint within forty-five (45) days of the date of this Decision and Order, the complaint be dismissed in its entirety without further order. IT IS SO ORDERED. Dated: October 21, 2019 Utica, New York. -2-
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