Lando v. New York State Department of Corrections and Community Supervision et al, No. 9:2018cv01472 - Document 120 (N.D.N.Y 2022)

Court Description: DECISION AND ORDER: The Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 117 ) for the reasons stated therein. ORDERED that Defendants' letter motion (Dkt. No. 114 ) requesting dismissal of this action for Plaintiff& #039;s failure to prosecute, failure to follow Court Orders and directives, and failure to update his address is GRANTED. ORDERED that Plaintiff's second amended complaint (Dkt. No. 99 ) is DISMISSED WITHOUT PREJUDICE. Signed by Senior Judge Thomas J. McAvoy on August 25, 2022. {order served via regular and certified mail on plaintiff}(nas )

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Lando v. New York State Department of Corrections and Community Supervision et al Doc. 120 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ TIMOTHY E. LANDO, JR., Plaintiff, v. 9:18-cv-01472 (TJM/TWD) STEVEN A. CLAUDIO, et al., Defendants. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Thérèse W. Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Judg e Dancks addressed Defendants’ unopposed letter motion to dismiss this action for Plaintiff’s (1) failure to prosecute, (2) failure to follow Court Orders and directives, and (3) failure to update his address. (Dkt. No. 114.) Judge Dancks recommends that Defendants’ motion be granted and that Plaintiff’s second amended complaint (Dkt. No. 99) be dismissed without prejudice. See Report-Recommendation and Order, Dkt. No. 117. No objections to the recommendations have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the 1 Dockets.Justia.com Report-Recommendation and Order is not subject to attack f or plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 117) for the reasons stated therein. Therefore, it is hereby ORDERED that Defendants’ letter motion (Dkt. No. 114) requesting dismissal of this action for Plaintiff’s failure to prosecute, failure to follow Court Orders and directives, and failure to update his address is GRANTED; and it is further ORDERED that Plaintiff’s second amended complaint (Dkt. No. 99) is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. Dated: August 25, 2022 2

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