-DRH Williams v. USA, No. 1:2010cv01025 - Document 8 (N.D.N.Y 2011)
Court Description: DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 5) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiffs complaint be DISMISSED in its ENTIRETY without prejudice pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(b)(2)(A)(v) for Plaintiffs failure to comply with the Courts August 31, 2010 Order. Signed by Senior Judge Lawrence E. Kahn on April 11, 2011. (sas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK AFRICA N. WILLIAMS, Plaintiff, -against- 1:10-CV-1025 (LEK/DRH) UNITED STATES OF AMERICA, Defendant. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on March 17, 2011, by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and L.R. 72.2(d)(5) of the Northern District of New York. Report-Rec. (Dkt. No. 5). Within fourteen days after a party has been served with a copy of a Magistrate Judge s Report-Recommendation, the party may serve and file specific, written objections to the proposed findings and recommendations, FED . R. CIV . P. 72(b), in compliance with L.R. 72.1(c). No objections have been raised in the allotted time with respect to Magistrate Judge Homer s ReportRecommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 5) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiff s complaint be DISMISSED in its ENTIRETY without prejudice pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(b)(2)(A)(v) for Plaintiff s failure to comply with the Court s August 31, 2010 Order; and it is hereby ORDERED, that the Clerk serve Plaintiff with a copy of this Order by certified mail, return receipt requested, and by regular mail. IT IS SO ORDERED. DATED: April 11, 2011 Albany, New York 2
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