Midalgo v. McLaughlin et al, No. 9:2006cv00330 - Document 55 (N.D.N.Y 2009)
Court Description: DECISION and ORDER: The 54 Report-Recommendation is accepted in whole. ORDERED, that the complaint is DISMISSED in its entirety. Signed by Judge David N. Hurd on 3/30/09. (Order served on plaintiff by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------GABRIEL MIDALGO Plaintiff, vs 9:06-CV-330 McLAUGHLIN, et al. Defendants. -------------------------------APPEARANCES: OF COUNSEL: GABRIEL MIDALGO 97-A-7235 Plaintiff, pro se Southport Correctional Facility P.O. Box 2000 Pine City, New York 14871 HON. ANDREW M. CUOMO Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224-0341 ADELE M. TAYLOR SCOTT, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On March 6, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, advised, by Report-Recommendation, that plaintiff s complaint be dismissed for failure to prosecute and provide a current address. No objections to the Report-Recommendation were filed. Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that the complaint is DISMISSED in its entirety. IT IS SO ORDERED. Dated: March 30, 2009 Utica, New York. - 2 -
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