Williams v. McGibbons et al, No. 9:2017cv00709 - Document 64 (N.D.N.Y 2019)
Court Description: DECISION AND ORDER: ORDERED that 62 Report and Recommendation is accepted in whole. ORDERED that 56 Motion to Dismiss for Failure to State a Claim is denied. ORDERED that the complaint is DISMISSED in its entirety pursuant to Federal Rule of Civil Procedure 41. The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 7/3/19. {order served via regular mail on plaintiff}(nas)
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Williams v. McGibbons et al Doc. 64 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------RODNEY WILLIAMS, Plaintiff, -v- 9:17-CV-709 (DNH/DJS) BERNARD BRADLEY, Escorting Correctional Officer on August 25, 2016, Franklin Correctional Facility, formerly known as John Doe, Defendant. -------------------------------APPEARANCES: RODNEY WILLIAMS Plaintiff pro se 10-A-3938 Queensboro Correctional Facility 47-04 Van Dam Street Long Island City, NY 11101 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 MATTHEW P. REED, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Rodney Williams brought this civil rights action pursuant to 42 U.S.C. § 1983. On May 14, 2019, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that defendant's motion to dismiss be denied Dockets.Justia.com but that the complaint be dismissed pursuant to Federal Rule of Civil Procedure 41 based on plaintiff's failure to prosecute. No objections to the Report-Recom mendation have been filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendant's motion to dismiss is DENIED; and 2. The complaint is DISMISSED in its entirety pursuant to Federal Rule of Civil Procedure 41. The Clerk is directed to enter judgment accordingly and close the file. Dated: July 3, 2019 Utica, New York. -2-
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