Phillips v. LaValley et al, No. 9:2012cv00610 - Document 49 (N.D.N.Y 2014)
Court Description: DECISION AND ORDER: ORDERED that 47 Report and Recommendation is accepted in whole. ORDERED that 44 Motion to Dismiss pursuant to Federal Rules of Civil Procedure 37(b) and 41(b) is GRANTED and Plaintiff's complaint is DISMISSED in its entirely. Signed by Judge David N. Hurd on 7/2/14. {order served via regular mail on plaintiff}(nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------RALPH BUCK PHILLIPS, Plaintiff, -v- 9:12-CV-0610 (DNH/RFT) M. LaMOUNTAIN, Correction Officer, Clinton Correctional Facility, C. DELUTIS, Sergeant (SHU), Clinton Correctional Facility, J. LUDWIG, Sergeant, Clinton Correctional Facility, M. LaFOUNTAIN, Correction Officer, Clinton Correctional Facility, J. FARRELL, Correction Officer, Clinton Correctional Facility, A. FRENYA, Correction Officer, Clinton Correctional Facility, C. GADWAY, Correction Officer, Clinton Correctional Facility, BEZIO, Correction Officer, Clinton Correctional Facility, LeCLAIRE, Correction Officer, Clinton Correctional Facility, SEAN LILLEDAHL, Correction Officer, Clinton Correctional Facility, MORROW, Correction Officer, Clinton Correctional Facility, Defendants. -------------------------------- APPEARANCES: OF COUNSEL: RALPH BUCK PHILLIPS 06-B-3437 Plaintiff, Pro Se Upstate Correctional Facility P.O. Box 2001 Malone, NY 12953 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorneys for Defendants The Capitol Albany, NY 12224 LAURA A. SPRAGUE, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On June 10, 2014, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by ReportRecommendation that defendants' motion pursuant to Federal Rules of Civil Procedure 37(b) and 41(b) be granted and that plaintiff's complaint be dismissed. No objections to the Report-Recommendation were filed.1 Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore it is ORDERED that 1. Defendant's motion pursuant to Federal Rules of Civil Procedure 37(b) and 41(b) is GRANTED; 2. Plaintiff's complaint is DISMISSED in its entirely; and 3. The Clerk is directed to enter judgment accordingly and close the file. The Clerk is directed to serve a copy of this Decision and Order on the parties in accordance with the Local Rules. IT IS SO ORDERED. 1 The Report-Recommendation was returned to the Court as undeliverable. The envelope indicates that it was refused twice by plaintiff. ECF No. 48. -2- Dated: July 2, 2014 Utica, New York. -3-
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