Thompson v. LaClair et al, No. 9:2008cv00037 - Document 34 (N.D.N.Y 2010)

Court Description: DECISION & ORDER: ORDERED that the Report-Recommendation filed by Magistrate Judge David E. Peebles on June 7, 2010 is accepted in its entirety; ORDERED that plaintiff's complaint in this action is dismissed; ORDERED that the Clerk of the Court enter judgment in favor of defendants and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 6/30/10. (order served on plaintiff by regular mail) (mnc)

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Thompson v. LaClair et al Doc. 34 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MILTON THOMPSON, Plaintiff, No. 9:08-CV-0037 (FJS)(DEP) vs. DARWIN LACLAIR, Superintendent; JOHN DOE 1, JOHN DOE 2, and A. MCKEE, Correctional Officers, and N. IRWIN, Lieutenant, Defendants. APPEARANCES: OF COUNSEL: FOR PLAINTIFF: MILTON THOMPSON, Pro Se 041-463-787 Buffalo Federal Detention Facility 4250 Federal Drive Batavia, NY 14020 FOR DEFENDANTS: HON. ANDREW M. CUOMO Attorney General of the State of New York The Capitol Albany, New York 12224 AARON M. BALDWIN, ESQ. Asst. Attorney General FREDERICK J. SCULLIN, JR., S.J. DECISION & ORDER Dockets.Justia.com Presently before the Court is Magistrate Judge David E. Peebles June 7, 2010 ReportRecommendation in which he recommends that plaintiff s complaint in this action be dismissed for failure to prosecute and to comply with the rules of this court. Magistrate Judge Peebles s Report-Recommendation was mailed to plaintiff s last known address, but was returned to the Clerk s Office marked, Return to Sender - No Addressee, - Not Deliverable As Addressed, Unable to Forward. Under Local Rule 41.2(b), failure to notify the Court of a change of address as required by Local Rule 10.1(b) may result in dismissal of the action. Therefore, in light of Plaintiff s failure to notify the Court of his change of address, the Court hereby ORDERS that the Report-Recommendation filed by Magistrate Judge David E. Peebles on June 7, 2010 is ACCEPTED in its entirety for the reasons stated therein, and the Court further ORDERS that plaintiff s complaint in this action is DISMISSED and the court further ORDERS that the Clerk of the Court is to enter judgment in favor of defendants and close this case. IT IS SO ORDERED. Dated: June 30, 2010 Syracuse, New York

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