Gibson v. NYS Olympic Regional Development Authority, No. 8:2015cv00267 - Document 9 (N.D.N.Y 2015)

Court Description: DECISION AND ORDER: The # 4 Report Recommendations of Magistrate Judge Christian F. Hummel is ACCEPTED in whole. See 28 U.S.C.§ 636(b)(1). It is ORDERED that pursuant to a review under 28 U.S.C. § 1915 and § 1915A, plaintiff's # 1 Complaint is DISMISSED for failure to comply with the pleading standards and failure to state a claim unless within thirty (30) days of the date of this Decision and Order, plaintiff submits an amended complaint which complies with the Federal Rules of Civil Procedure. It is ORDERED that if plaintiff does not submit an amended complaint within thirty (30) days of the date of this Decision and Order, the complaint will be DISMISSED without further order. Signed by Judge David N. Hurd on 8/26/2015. [Copy served upon pro se plaintiff via regular mail.] (mc)

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Gibson v. NYS Olympic Regional Development Authority Doc. 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------PAUL A. GIBSON, Plaintiff, 8:15-CV-267 (DNH/CFH) -vNYS OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: PAUL A. GIBSON Plaintiff pro se 93 Newman Road Lake Placid, NY 12946 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Paul A. Gibson filed this employment discrimination action on March 10, 2015. On March 13, 2015, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that pursuant to review under 28 U.S.C. § 1915 and § 1915A, plaintiff's complaint be dismissed for failure to comply with the pleading standards and failure to state a claim. However, Magistrate Judge Hummel recommended that alternatively, in light of his pro se status, prior to dismissing plaintiff's complaint in its entirety, he be provided an opportunity to amend his complaint to expand upon the facts that would support his claim for entitlement to relief. No objections to the Report- Dockets.Justia.com Recommendation were filed, despite that plaintiff was afforded an extension of over thirty days to submit any objections. 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. Pursuant to a review under 28 U.S.C. § 1915 and § 1915A, plaintiff's complaint is DISMISSED for failure to comply with the pleading standards and failure to state a claim, unless within thirty (30) days of the date of this Decision and Order, plaintiff submits an amended complaint which complies with the Federal Rules of Civil Procedure; 2. If plaintiff does not submit an amended complaint within thirty (30) days of the date of this Decision and Order, the complaint will be DISMISSED without further order; and 3. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED. Dated: August 26, 2015 Utica, New York. -2-

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