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Roy v. Mercy of Northern NY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 24, 2010

LISA N. ROY, PLAINTIFF,
v.
MERCY OF NORTHERN NY, DEFENDANT.

The opinion of the court was delivered by: David R. Homer U.S. Magistrate Judge

REPORT-RECOMMENDATION and ORDER

Plaintiff pro se Lisa N. Roy ("Roy") commenced this action on February 24, 2010 under 42 U.S.C. § 1983 alleging violations of her civil rights. Docket No. 1. The complaint fails to satisfy the basic pleading requirements established by the Federal Rules of Civil Procedure, In an order filed March 3, 2010, this Court directed Roy to file an amended complaint that fully complies with Fed. R. Civ. P. 8 and 10. Docket No. 5. Roy has failed to file an amended complaint. Accordingly, since this action cannot proceed in the absence of Roy's submission of a sufficient complaint, it is hereby

RECOMMENDED that Roy's complaint be DISMISSED in its entirety without prejudice pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(b)(2)(A)(v) for Roy's failure to comply with the Court's Maarch 3, 2010 order; and it is hereby

ORDERED that the Clerk serve Roy with a copy of this report-recommendation by regular mail.

Pursuant to 28 U.S.C. § 636(b)(1), the parties may lodge written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court "within fourteen (14) days after being served with a copy of the . . . recommendation." N.Y.N.D.L.R. 72.1(c) (citing 28 U.S.C. §636(b)(1)(B)-(C)). FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993); Small v. Sec'y of HHS, 892 F.2d 15 (2d Cir. 1989); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(e).

20100824

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