Opinion
5:21-CV-1068
12-16-2021
BONITA HILL, Plaintiff, v. NY STATE FUND INS., Defendant.
BONITA HILL Plaintiff, Pro Se
BONITA HILL Plaintiff, Pro Se
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD UNITED STATES DISTRICT JUDGE
On September 29, 2021, pro se plaintiff Bonita Hill (“plaintiff”) filed this civil rights action against defendant N.Y. State Fund Insurance. Dkt. No. 1. Plaintiff also sought leave to proceed in forma pauperis (“IFP application”) and moved for the appointment of counsel. Dkt. Nos. 2, 3.
On November 16, 2021, U.S. Magistrate Judge Miroslav Lovric denied plaintiff's motions and advised by Report & Recommendation (“R&R”) that plaintiff's complaint be dismissed without leave to amend. Dkt. No. 5. As the R&R explained, the facts alleged by plaintiff “are identical” to certain benefits claims that she already presented to the State workers' compensation board and litigation to finality. Id. Plaintiff has filed objections. Dkt. No. 7.
Upon de novo review of the portions to which plaintiff has objected, the R&R is accepted and will be adopted. See 28 U.S.C. § 636(b)(1)(C).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED; and
2. Plaintiffs complaint is DISMISSED WITHOUT LEAVE TO AMEND. The Clerk of the Court is directed to enter a judgment accordingly and close the file.
IT IS SO ORDERED.