Abreu v. Lake et al, No. 9:2017cv01312 - Document 60 (N.D.N.Y 2020)
Court Description: DECISION AND ORDER: ORDERED that 58 Report and Recommendation is accepted in whole. ORDERED that 56 Motion to Dismiss for Lack of Prosecution is granted and Plaintiff's complaint is dismissed. Signed by Judge David N. Hurd on 1/6/2020. {order served via regular mail on plaintiff}(nas, )
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Abreu v. Lake et al Doc. 60 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CARLOS ABREU, Plaintiff, -v- 9:17-CV-1312 (DNH/ML) JUSTIN J. THOMAS, Superintendent, Marcy Correctional Facility; and SEAN P. WIGGINS, Correction Officer, Marcy Correctional Facility, Defendants. -------------------------------APPEARANCES: OF COUNSEL: CARLOS ABREU Plaintiff, Pro Se (last known address) 046 046 276 Buffalo Federal Detention Facility 4250 Federal Drive Batavia, NY 14020 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 ERIK BOULE PINSONNAULT, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Carlos Abreu brought this civil rights action pursuant to 42 U.S.C. § 1983. On October 15, 2019, the Honorable Miroslav Lovric, United States Magistrate Dockets.Justia.com Judge, advised by Report-Recommendation that defendants' motion to dismiss be granted and that plaintiff's Complaint be dismissed in its entirety.1 No objections to the ReportRecommendation 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. Defendants' motion to dismiss is GRANTED; 2. Plaintiff's Complaint is DISMISSED; and 3. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: January 6, 2020 Utica, New York. 1 The Report-Recommendation, mailed to Abreu's address at the Buffalo Federal Detention Facility, was returned as undeliverable. ECF No. 59. The envelope reads "gone". -2-
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