-DRH Clayton v. Community Land Trust et al, No. 1:2010cv01079 - Document 9 (N.D.N.Y 2010)

Court Description: DECISION AND ORDER adopting 7 Report and Recommendations and dismissing the complaint in its entirety. Signed by Senior Judge Thomas J. McAvoy on 12/25/2010. (amt) [Pltf served via reg. and cert. mail]

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-DRH Clayton v. Community Land Trust et al Doc. 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ PHILLIP CLAYTON, Plaintiff, 1:10-CV-1079 (TJM/DRH) v. COMMUNITY LAND TRUST; BEVERLY BURNETT; ROGER LEWIS; and CONNIE CHAVEZ, Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER In a Report-Recommendation and Order dated November 30, 2010, United States Magistrate Judge David R. Homer recommends that this pro se action commenced pursuant to 42 U.S.C. ยง 1983 be dismissed in its entirety without prejudice pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(b)(2)(A)(v) for failure to comply with the Court s September 20, 2010 order. Dkt. # 7. Plaintiff has not filed objections to the Report-Recommendation and Order and the time to do so has expired. The Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein. 1 Dockets.Justia.com It is therefore, ORDERED that the complaint in this action is DISMISSED in its entirety without prejudice. IT IS SO ORDERED DATED:December 25, 2010 2

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