Townsend-White v. Social Security Administration

Filing 7

DECISION and ORDER: Based upon a de novo review of the portions of the 4 Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that Plaintiff's complaint is DISMISSED without prejudice. Signed by Judge David N. Hurd on 9/15/2017. (Copy served via regular mail)(mgh, )

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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 Street 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 pursuant to 42 U.S.C. § 1983. On October 5, 2016, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be read as brought pursuant to 42 U.S.C. § 405(g), and that the complaint be dismissed without prejudice and that plaintiff be permitted to file an amended complaint that demonstrates she exhausted her administrative remedies, or that there is a sufficient excuse for her failure to exhaust. Plaintiff submitted timely objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that Plaintiff's complaint is DISMISSED without prejudice. IT IS SO ORDERED. Dated: September 15, 2017 Utica, New York. -2-

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