Mai v. John Doe

Filing 5

ORDER dated 5/7/14 re: Report and Recommendation of Magistrate Judge Pollak; that plaintiff is permitted to file her complaint against the Commissioner of Social Security. However, she is denied permission to file her complaints against FEMA or the Commissioner of NYCHA. ( Ordered by Judge Allyne R. Ross on 5/7/2014 ) c/m to plaintiff (Guzzi, Roseann)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

x

HONG MAI,
13-MC-1120
Plaintiff,
NOT FOR ELECTRONIC
OR PRINT PUBLICATION

-againstJOHN DOE, Commissioner of Social Security
Administration,
Defendant.

ORDER

x

HONG MAI,
13-MC-1119

Plaintiff,

NOT FOR ELECTRONIC
OR PRINT PUBLICATION

-againstJOHN DOE, Commissioner ofNew York City Housing
Authority, and FEDERAL EMERGENCY
MANAGEMENT AGENCY,
Defendants.

ORDER

x

HONG MAI,
13-MC-1118

Plaintiff,

NOT FOR ELECTRONIC
OR PRINT PUBLICATION

-againstJOHN DOE, Commissioner ofNew York City Housing
Authority,
Defendant.

ORDER

x

ROSS, United States District Judge:
The court has received the Report and Recommendation ("R&R") of the Honorable
Cheryl L. Pollack, United States Magistrate Judge, dated April 17, 2014. Judge Pollack
reviewed plaintiff's three proposed complaints in accordance with this court's October 10, 2000
Order enjoining plaintiff from filing any further actions in the Eastern District of New York

without obtaining prior leave from the court. In the R&R, Judge Pollack recommended that this
court grant plaintiff permission to bring her complaint against the Commissioner of Social
Security but that it not grant plaintiff permission to file her complaints against the Federal
Emergency Management Agency ("FEMA") or the Commissioner of the New York City
Housing Authority ("NYCHA").
Following Judge Pollak's R&R, plaintiff filed two notices regarding her proposed suits
against FEMA and the Commissioner ofNYCHA. Although plaintiffs filings purport to be
notices of appeal to the Court of Appeals, this court construes them as timely objections to Judge
Pollack's R&R. "Within fourteen days after being served with a copy of the recommended
disposition, a party may serve and file specific written objections to the proposed findings and
recommendations." Fed. R. Civ. P. 72(b)(2); accord 28 U.S.C. § 636(b)(l). In her filings,
plaintiff raises no specific objections to the findings in Judge Pollak's R&R. Instead, she
complains that she is being denied her "human right to file[] the complain[t]."
Having reviewed the record de novo, the court finds plaintiff's objection without merit
and adheres to Judge Pollak' s reasoning and recommendations. Accordingly, plaintiff is
permitted to file her complaint against the Commissioner of Social Security. However, she is
denied permission to file her complaints against FEMA or the Commissioner of NYCHA. The
Clerk of this Court is directed to send copies of this Order to the parties either electronically
through the Electronic Case Filing (ECF) system or by mail.
SO ORDERED

/s/(ARR)
Allyne R.
United Stat
Dated:

i-

,

2014
May
Brooklyn, New York
2

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