01 Civ. 7371 (KMW) (AJP)
October 12, 2001
REPORT AND RECOMMENDATION
ANDREW J. PECK, United States Magistrate Judge:
To the Honorable Kimba M. Wood, United States District Judge:
Plaintiff Linda Pilgrim's complaint in this Social Security action states that she lives in Brooklyn, New York. Appeals from decisions of the Social Security Administration are to be brought in the District where the plaintiff resides. 42 U.S.C. § 405(g). Accordingly, I recommend that the action be transferred to the United States District Court for the Eastern District of New York.
The Court also notes that the Appeals Council letter is dated April 6, 2001 and plaintiff states that she received it on April 12, 2001. (Dkt. No. 1: Compl. ¶ 8.) Pilgrim's federal complaint is dated July 4, 2001 and was received by the Court's Pro Se Office on July 5, 2001 — more than 60 days after the Appeals Council's April letter. The issue of the untimeliness of plaintiff's complaint, or whether plaintiff is entitled to any equitable toll of the period for filing her complaint, should be addressed in the Eastern District.
FILING OF OBJECTIONS TO THIS REPORT AND RECOMMENDATION
Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have ten (10) days from service of this Report to file written objections. See also Fed.R.Civ.P. 6. Such objections (and any responses to objections) shall be filed with the Clerk of the Court, with courtesy copies delivered to the chambers of the Honorable Kimba M. Wood, 500 Pearl Street, Room 1610, and to my chambers, 500 Pearl Street, Room 1370. Any requests for an extension of time for filing objections must be directed to Judge Wood. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466 (1985); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993), cert. denied, 513 U.S. 822, 115 S.Ct. 86 (1994); Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir.), cert. denied, 506 U.S. 1038, 113 S.Ct. 825 (1992); Small v. Secretary of Health Human Servs., 892 F.2d 15, 16 (2d Cir. 1989); Wesolek v. Canadair Ltd., 838 F.2d 55, 57-59 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983); 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72, 6(a), 6(e).