Lima v. Sloan et al, No. 9:2013cv00410 - Document 37 (N.D.N.Y 2014)
Court Description: DECISION AND ORDER: The 35 Report and Recommendation is accepted in whole. ORDERED, that Defendants' 34 Motion to Dismiss the complaint is GRANTED. ORDERED, that Plaintiff's complaint is DISMISSED in its entirety. Signed by Judge David N. Hurd on 5/5/14. (served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------RALPH LIMA, Plaintiff, No. 9:13-CV-0410 (DNH/DEP) -vDR. MICHAEL SLOAN, et al., Defendants. -------------------------------APPEARANCES: OF COUNSEL: RALPH LIMA, Pro Se 11-A-2465 Sullivan Correctional Facility Box 116 Fallsburg, NY 12733 HON. ERIC T. SCHNEIDERMAN New York State Attorney General Attorney for Defendants The Capitol Albany, NY12224 C. HARRIS DAGUE, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Ralph Lima brought this action pursuant to 42 U.S.C. § 1983. On April 2, 2014, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss plaintiff's complaint based on plaintiff's failure to update the court with his address be granted. No objections to the Report-Recommendation were filed. 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. Defendants' motion to dismiss the complaint is GRANTED; and 2. Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules and close the file. Dated: May 5, 2014 Utica, New York. -2-
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