Walker v. Ball et al, No. 9:2016cv00437 - Document 60 (N.D.N.Y 2018)
Court Description: DECISION AND ORDER: The 58 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that 1. This action is DISMISSED pursuant to Federal Rule of Civil Procedure 41 for failure to prosecute; and 2. Defendants' 50 motion for summary judgment is DENIED as moot. The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 3/20/18. (served on plaintiff by regular mail) (alh, )
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Walker v. Ball et al Doc. 60 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ERIC WALKER also known as ERIC QWASIM Z WALKER also known as ERIC Z Q WALKER, Plaintiff, -v- 9:16-CV-437 (DNH/DJS) R. BALL, Captain, Washington Correctional Facility; A. RODRIGUEZ, Acting Director, NYS DOCCS Appeals Unit; ST. JOHNS, Correction Officer, Washington Correctional Facility; and WM NOONAN, Sergeant, Washington Correctional Facility, Defendants. -------------------------------APPEARANCES: OF COUNSEL: ERIC WALKER also known as ERIC QWASIM Z WALKER also known as ERIC Z Q WALKER Plaintiff pro se 15-A-2625 Last known address Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 NICOLE E. HAIMSON, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge Dockets.Justia.com DECISION and ORDER Pro se plaintiff Eric Walker, also known as Eric Qwasim Z Walker, also known as Eric Z Q Walker, brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 16, 2018, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's amended complaint be dismissed in its entirety pursuant to Federal Rule of Civil Procedure 41 based on plaintiff's failure to prosecute this action, or in the alternative, that defendants' unopposed motion for summary judgment be granted. No objections to the Report-Recommendation were filed. The ReportRecommendation mailed to plaintiff's last known address was returned as undeliverable. To date, no response to defendants' motion for summary judgment has been received nor any notification that plaintiff changed his address. The court's last communication from plaintiff was in May 2017. Based upon a careful review of the Report-Recommendation, the ReportRecommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. This action is DISMISSED pursuant to Federal Rule of Civil Procedure 41 for failure to prosecute; and 2. Defendants' motion for summary judgment is DENIED as moot. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. -2- Dated: March 20, 2018 Utica, New York. -3-
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