Moss v. The United States of America

Filing 7

ORDER - ORDERED that the Report-Recommendation and Order (Dkt. No. 5) is ADOPTED in its entirety; and it is further ORDERED that the complaint (Dkt. No. 1) is DISMISSED for failureto comply with Federal Rules of Civil Procedure 8 and 10; and it is further ORDERED that, in light of plaintiff's pro se status, she is afforded anopportunity to amend her complaint, within thirty (30) days from the dateof this Order in full compliance with Federal Rules of Civil Procedu re 8 and10. Plaintiff must also allege claims of misconduct and wrongdoing againstdefendants that she has a legal right to pursue over which this court hasjurisdiction; and it is further ORDERED that, if plaintiff fails to file an amended complaint withinthirty (30) days from the date of this order, the clerk is directed to enterjudgment without further order of this court. Signed by Senior Judge Gary L. Sharpe on 10/5/2016. (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________ KYRA MOSS, Plaintiff, 1:16-cv-812 (GLS/DJS) v. THE UNITED STATES OF AMERICA, Defendant. ________________________________ APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: KYRA MOSS Plaintiff Pro Se 12 Saint Joseph Terrace Albany, NY 12210 Gary L. Sharpe Senior District Judge ORDER The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Daniel J. Stewart, duly filed on September 13, 2016. (Dkt. No. 5.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Report-Recommendation for clear error, it is hereby ORDERED that the Report-Recommendation and Order (Dkt. No. 5) is ADOPTED in its entirety; and it is further ORDERED that the complaint (Dkt. No. 1) is DISMISSED for failure to comply with Federal Rules of Civil Procedure 8 and 10; and it is further ORDERED that, in light of plaintiff’s pro se status, she is afforded an opportunity to amend her complaint, within thirty (30) days from the date of this Order in full compliance with Federal Rules of Civil Procedure 8 and 10. Plaintiff must also allege claims of misconduct and wrongdoing against defendants that she has a legal right to pursue over which this court has jurisdiction; and it is further ORDERED that, if plaintiff fails to file an amended complaint within thirty (30) days from the date of this order, the clerk is directed to enter judgment without further order of this court; and it is further ORDERED that the clerk of the court serve a copy of this Order upon the parties in accordance with the Local Rules. IT IS SO ORDERED. 2 October 5, 2016 Albany, New York 3

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