Elderkin v. Connor et al, No. 9:2014cv00927 - Document 23 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the 20 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that the Defendants' 18 Motion t o Dismiss for failure to prosecute and as a discovery sanction is GRANTED. ORDERED, that the complaint is DISMISSED in its entirety. ORDERED, that the Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules, enter judgment accordingly, and close the file. Signed by Judge David N. Hurd on 4/2/15. (served on plaintiff by regular and certified mail) (alh, )
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Elderkin v. Connor et al Doc. 23 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MARCUS ELDERKIN, Plaintiff, No. 9:14-CV-927 (DNH/ATB) -vIAN CONNOR, Correctional Sergeant; and JUSTIN M. GECEWICZ, Correctional Sergeant, Defendants. -------------------------------APPEARANCES: OF COUNSEL: MARCUS ELDERKIN Plaintiff, pro se 2325 15th Street Troy, NY 12180 CARTER, CONBOY, CASE, BLACKMORE, MALONEY & LAIRD, P.C. Attorneys for Defendants 20 Corporate Woods Boulevard Albany, NY 12211 JAMES A. RESILA, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Marcus Elderkin filed this civil rights action pursuant to 42 U.S.C. § 1983. On March 11, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss for failure to prosecute and as a discovery sanction be granted and the complaint be dismissed in its Dockets.Justia.com entirety. 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. Defendants' motion to dismiss for failure to prosecute and as a discovery sanction is GRANTED; 2. The complaint is DISMISSED in its entirety; and 3. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules, enter judgment accordingly, and close the file. IT IS SO ORDERED. Dated: April 2, 2015 Utica, New York. 1 The March 11, 2015 Report-Recommendation was mailed to plaintiff at his last known address and it was returned to the court as undeliverable. The returned envelope indicated "Not here at this time." ECF Nos. 21, 22. -2-
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