Sun v. New York State Workers' Compensation Board, et al.

Filing 14

ORDER ON REPORT-RECOMMENDATION: it is ORDERED that 1. The Report & Recommendation (Dkt. No. 12 ) is ACCEPTED; 2. Plaintiff's request (Dkt. No. 13 ) is GRANTED in part and DENIED in part; 3. Plaintiff's complaint is DISMISSED with leave to amend; 4. Plaintiff shall have FORTY-FIVE DAYS in which to file an amended complaint; 5. If Plaintiff chooses to file an amended complaint, the Clerk of the Court shall REFER this matter to Judge Danks for an initial review; and 6. If Plaintiff choo ses not to file an amended complaint, at the expiration of this forty-five day period the Clerk of the Court is directed to enter a judgment dismissing this action without further Order of the Court. The Clerk of the Court is directed to terminate the pending motions and set a deadline accordingly. IT IS SO ORDERED. Signed by Judge David N. Hurd on November 25, 2024. (Copy of this NEF, NEF for 45-day deadline, and Order served via regular mail on Pro Se Plaintiff. )(sbb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------YI SUN,
Plaintiff,
-v-

1:24-CV-668

NEW YORK STATE WORKERS’
COMPENSATION BOARD et al.,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

YI SUN
Plaintiff, Pro Se
10 East 116th Street, Apt. 3A
New York, NY 10029
DAVID N. HURD
United States District Judge
ORDER ON REPORT & RECOMMENDATION
On May 15, 2024, pro se plaintiff Yi Sun (“plaintiff”) filed this civil action
alleging that defendants violated her civil rights by, inter alia, engaging in
discrimination against her on the basis of a disability. Dkt. No. 1. Along
with her complaint, plaintiff moved for leave to proceed in forma pauperis
(“IFP Application”). Dkt. No. 2. While this IFP Application and plaintiff’s
pleading were awaiting an initial review, plaintiff filed two letters seeking

“emergency” treatment, Dkt. Nos. 4, 7, and a “criminal complaint,” Dkt. No.
10. Those requests were denied on September 11, 2024. Dkt. No. 11.
On November 7, 2024, U.S. Magistrate Judge Thérèse Wiley Dancks
granted plaintiff’s IFP Application and advised by Report & Recommendation
(“R&R”) that plaintiff’s complaint should be dismissed but that, in light of
plaintiff’s pro se status, she should be given an opportunity to file an
amended pleading. Dkt. No. 12.
Plaintiff has not filed objections, and the time period in which to do so has
expired. See Dkt. No. 12. Instead, plaintiff has filed an “emergency motion
for a TRO . . . to stay the last Order and Motions for Reargument” and a
request for an extension of time in which to file an amended complaint. Dkt.
No. 13. Broadly construed, plaintiff’s filing indicates that her limitations
have made it difficult to timely pursue these legal claims and contends that
this case should only be heard by a presiding District Judge. Id.
Upon review for clear error, Judge Dancks’s R&R is accepted and will be
adopted in all respects. See FED. R. CIV. P. 72(b). Plaintiff has a right to
object to a legal or factual error in a Magistrate Judge’s R&R. But plaintiff
does not have the right to object to the Magistrate Judge’s involvement in
civil litigation. Accordingly, plaintiff’s request for a stay and re-argument
will be denied. However, plaintiff’s request for an extension of time in which
to file an amended complaint will be granted, as explained below.
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Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 12) is ACCEPTED;
2. Plaintiff’s request (Dkt. No. 13) is GRANTED in part and DENIED in
part;
3. Plaintiff’s complaint is DISMISSED with leave to amend;
4. Plaintiff shall have FORTY-FIVE DAYS in which to file an amended
complaint;
5. If plaintiff chooses to file an amended complaint, the Clerk of the Court
shall REFER this matter to Judge Dancks for an initial review; and
6. If plaintiff chooses not to file an amended complaint, at the expiration
of this forty-five-day period the Clerk of the Court is directed to enter a
judgment dismissing this action without further Order of the Court.
The Clerk of the Court is directed to terminate the pending motions and
set a deadline accordingly.
IT IS SO ORDERED.

Dated: November 25, 2024
Utica, New York.

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