Fisher v. City School District of Albany, No. 1:2008cv01170 - Document 11 (N.D.N.Y 2009)
Court Description: DECISION & ORDERED, that the Report-Recommendation (Dkt. No. 10) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiffs complaint be DISMISSED in its entirety without prejudice pursuant to Fed. R. Civ. P. 16(f)(1)(c) and 37(b)(2)(A)(v) on account of Plaintiffs failure to comply with the Courts November 13, 2008 order. Signed by Senior Judge Lawrence E. Kahn on 4/3/09. (sas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MARGARET G. FISHER, Plaintiff, -against- 1:08-CV-01170 (LEK/DRH) CITY SCHOOL DISTRICT OF ALBANY, et al., Defendant. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on March 16, 2009, by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 10). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge s Report-Recommendation, the party may serve and file specific, written objections to the proposed findings and recommendations, FED . R. CIV . P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Homer s Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 10) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiff s complaint be DISMISSED in its entirety without prejudice 1 pursuant to Fed. R. Civ. P. 16(f)(1)(c) and 37(b)(2)(A)(v) on account of Plaintiff s failure to comply with the Courts November 13, 2008 order; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: March 03, 2009 Albany, New York 2
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