Ferran et al v. Office of the District Attorney of the County of Rensselaer et al, No. 1:2005cv00161 - Document 35 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER: adopting the # 32 Report and Recommendations in whole. It is ORDERED that Plaintiffs' complaint is DISMISSED without prejudice due to their failure to serve the complaint within the time specified by the Federal Rules of Civil Procedure. Signed by Judge David N. Hurd on 7/17/2013. Copies served upon Pro Se Plaintiffs via regular and certified mail. (nmk)
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Ferran et al v. Office of the District Attorney of the County of Rensselaer et al Doc. 35 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MARK R. FERRAN and NADIA FERRAN, 1:05-CV-00161 (DNH/CFH) Plaintiffs, -v- OFFICE OF THE DISTRICT ATTORNEY OF THE COUNTY OF RENSSELAER; KENNETH R. BRUNO, in his individual and official capacity; RENSSELAER COUNTY; PATRICIA DEANGELIS, District Attorney, in her individual and official capacity; and JAMES CANFIELD, individually and in his capacity as Justice of the Supreme Court of the State of New York, Defendants. -------------------------------APPEARANCES: MARK R. FERRAN Plaintiff pro se 36 Winnie Road, Apt. 1A Albany, NY 12208 NADIAN FERRAN Plaintiff pro se 114 Morton Avenue Albany, NY 12202 HON. ANDREW M. CUOMO Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 JAMES B. McGOWAN, ESQ. Ass't Attorney General Dockets.Justia.com DAVID N. HURD United States District Judge DECISION and ORDER Plaintiffs brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On June 28, 2013, the Honorable Chrisitian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that this matter be dismissed without prejudice due to the plaintiffs' failure to serve the complaint within the time specified by the Federal Rules of Civil Procedure. Plaintiffs timely filed objections to the Report-Recommendation. Based upon a de novo determination of the portions of the ReportRecommendation to which plaintiffs objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that Plaintiffs' complaint is DISMISSED without prejudice due to their failure to serve the complaint within the time specified by the Federal Rules of Civil Procedure. IT IS SO ORDERED. Dated: July 17, 2013 Utica, New York. -2-
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