Skates v. Shusda et al, No. 9:2014cv01092 - Document 65 (N.D.N.Y 2017)

Court Description: DECISION AND ORDER: ORDERED that the Report-Recommendation, dkt. # 63 , is hereby ADOPTED. The Defendants' motion to dismiss for lack of prosecution and failure to comply with discovery orders, dkt. # 62 , is hereby GRANTED. The Complaint is dismissed in its entirety. The Clerk of Court is directed to CLOSE the case. Signed by Senior Judge Thomas J. McAvoy on 10/26/17. {order served via regular mail on plaintiff}(nas, )

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Skates v. Shusda et al Doc. 65 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ELIJAH SKATES, Plaintiff, v. 9:14-cv-1092 (TJM/DEP) JARROD SHUSDA, et al., Defendants. Thomas J. McAvoy, SR. U.S.D.J. DECISION and ORDER The Court referred this action alleging civil rights violations by prison officers, brought pursuant to 42 U.S.C. § 1983, to the Hon. Dav id E. Peebles, Chief United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. The ReportRecommendation, dated September 27, 2017, recommends that the Court grant Defendants’ motion to dismiss for failure to prosecute. Plaintiff did not file objections to the Report-Recommendation and the time for filing such objections has passed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice and the Court will adopt the Report-Recommendation. Accordingly: The Report-Recommendation, dkt. # 63, is hereby ADOPTED. The Defendants’ 1 Dockets.Justia.com motion to dismiss for lack of prosecution and failure to comply with discovery orders, dkt. # 62, is hereby GRANTED. The Complaint is dismissed in its entirety. The Clerk of Court is directed to CLOSE the case. IT IS SO ORDERED Dated:October 26, 2017 2

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