Summary
holding that under "the prisoner mail box rule," the signature date on the inmate's papers, including a notarized affidavit of service, is the date that the court can presume he handed his papers to prison authorities for processing
Summary of this case from Ceara v. GilboyOpinion
1:08-CV-219.
February 24, 2009
OF COUNSEL: IVAN COLON, 06-c-2287, Greene Correctional Facility, Coxsackie, New York, Plaintiff, pro se.
SOMMATTIE RAMRUP, ESQ., SOCIAL SECURITY ADMINISTRATION, Office of Regional General Counsel, Region II, New York, New York, Attorney for Defendant.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed on the 3rd day of February 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The defendant's motion to dismiss (Dkt. No. 14) is denied and the Commissioner is directed to file an Answer and Administrative Record in accordance with General Order 18.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.