Young v. Commissioner of Internal Revenue

Filing 15

DECISION and ORDER adopting Report and Recommendations re 10 Report and Recommendations. ORDERED that The Report-Recommendation is adopted in all respects and the matter is referred back to Magistrate Judge Dancks for review of plaintiff's motion to amend. IT IS SO ORDERED. Signed by Judge David N. Hurd on 2/5/2019. (Copy served via regular mail)(khr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------KAREEM RASHAWN YOUNG,
Plaintiff,
-v-

6:18-CV-135
(DNH/TWD)

COMMISSIONER OF INTERNAL REVENUE,
Defendant.
-------------------------------APPEARANCES:
KAREEM RASHAWN YOUNG
Plaintiff, pro se
04-B-2504
Watertown Correctional Facility
PO Box 168
Watertown, NY 13601

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Kareem Rashawn Young commenced this action pursuant
to 26 U.S.C. § 7422. On October 4, 2018, the Honorable T hérèse Wiley Dancks, United
States Magistrate Judge, advised by Report-Recommendation that the complaint be sua
sponte dismissed for lack of subject matter jurisdiction without prejudice and that plaintiff be
granted leave to amend. No objections to the Report-Recommendation have been filed.
However, on October 17, 2018, plaintiff filed an "Affidavit in support of plaintiff's request for
leave to amend the complaint that was filed by naming the United States as the proper
defendant." ECF No. 13.

Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
The Report-Recommendation is adopted in all respects and the m atter is referred
back to Magistrate Judge Dancks for review of plaintiff's motion to amend.
IT IS SO ORDERED.

Dated: February 5, 2019
Utica, New York.

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