McCracken v. Nine Mile Point Nuclear Station LLC, et al, No. 5:2008cv00520 - Document 15 (N.D.N.Y 2009)
Court Description: DECISION & ORDER accepting and adopting the 14 Report and Recommendations in whole; that pltf's complaint is DISMISSED with prejudice; and the Clerk is directed to enter judgment accordingly. Signed by Judge David N. Hurd on 6/24/2009. (see)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------TED A. McCRACKEN, Plaintiff, vs 5:08-CV-520 NINE MILE POINT NUCLEAR STATION, LLC., et al, Defendants. -----------------------------------APPEARANCES: OF COUNSEL: TED A. McCRACKEN Plaintiff, Pro Se 15 Derry Drive North Wales, PA 19454 HON. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, Ted A. McCracken, brought this action pursuant to 28:1331 in May 2008. By Report-Recommendation dated May 18, 2009, the Honorable George H. Lowe, United States Magistrate Judge, recommended that plaintiff s complaint be sua sponte dismissed with prejudice for failure to prosecute and for failure to comply with an order of the court pursuant to Fed. R. Civ. P. 41(b). There have been no objections made to the ReportRecommendation. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The plaintiff s complaint is DISMISSED with prejudice; and 2. The Clerk is directed to enter judgment accordingly. IT IS SO ORDERED. Dated: June 24, 2009 Utica, New York. - 2 -
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