Gervasio v. New York State Parole Office et al, No. 9:2020cv00346 - Document 40 (N.D.N.Y 2022)

Court Description: DECISION AND ORDER: The Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 39 ) for the reasons stated therein. ORDERED that Defendants' Motion to Dismiss (Dkt. No. 37 ) is GRANTED. ORDERED that Plaintiff's complaint (Dkt. No. 1) 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)

Download PDF
Gervasio v. New York State Parole Office et al Doc. 40 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ KEVIN GERVASIO, Plaintiff, v. 9:20-CV-346 (TJM/DJS) RICARDO DIAZ and ALEZ ROSA, Defendants. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION and ORDER I. INTRODUCTION This pro se civil rights action was referred to the Hon. Daniel J. Stewart, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and N.D.N.Y.72.3(c). Judge Stewart reviewed Defendants’ Motion to Dismiss based on Plaintiff’s failure to properly update his address and failure to prosecute. Dkt. No. 37. Judge Stewart recommends that the motion be granted. See Report-Recommendation and Order, Dkt. No. 39. No objections to the Report-Recom mendation and Order have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack f or plain error or manifest injustice. 1 Dockets.Justia.com III. CONCLUSION Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 39) for the reasons stated therein. Therefore, it is hereby ORDERED that Defendants’ Motion to Dismiss (Dkt. No. 37) is GRANTED; and it is further ORDERED that Plaintiff’s complaint (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. Dated: August 25, 2022 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.