Townsend-White v. Social Security Administration

Filing 11

DECISION and ORDER: The 10 Report-Recommendations of Magistrate Judge Hummel is accepted in whole. ORDERED that Plaintiff's amended complaint is DISMISSED without prejudice and with leave to file a second amended complaint within thirty days o f the date of this Decision and Order; If plaintiff files a timely second amended complaint, it be forwarded to the Magistrate Judge for review; and if plaintiff fails to file a second amended complaint within thirty days of the date of this Decision and Order, the Clerk dismiss this action without further order. Signed by Judge David N. Hurd on 3/15/2018. (Copy served via regular mail)(jlb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------LINDELL TOWNSEND-WHITE,
Plaintiff,
-v-

1:16-CV-919
(DNH/CFH)

SOCIAL SECURITY ADMINISTRATION,
Defendant.
-------------------------------APPEARANCES:
LINDELL TOWNSEND-WHITE
Plaintiff pro se
260 South Pearl St.
Apartment Unit 1F
Albany, NY 12207

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Lindell Townsend-White brought this action against the Social
Security Administration. On November 20, 2017, the Honorable Christian F. Hummel, United
States Magistrate Judge, advised by Report-Recommendation that plaintiff's amended
complaint be dismissed without prejudice and that plaintiff be permitted one final opportunity
to file a second amended complaint to demonstrate that she has timely exhausted her
administrative remedies. 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.
§ 636(b)(1).

See 28 U.S.C.

Therefore, it is
ORDERED that
1. Plaintiff's amended complaint is DISMISSED without prejudice and with leave to
file a second amended complaint within thirty days of the date of this Decision and Order;
2. If plaintiff files a timely second amended complaint, it be forwarded to the
Magistrate Judge for review; and
3. If plaintiff fails to file a second amended complaint within thirty days of the date
of this Decision and Order, the Clerk dismiss this action without further order.
IT IS SO ORDERED.

Dated: March 15, 2018
Utica, New York.

-2-