Rockefeller v. Warner, et al, No. 1:2013cv01159 - Document 59 (W.D.N.Y. 2017)

Court Description: DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 58 . Plaintiff's Complaint is hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 1/27/17. (LAS)-CLERK TO FOLLOW UP-
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Rockefeller v. Warner, et al Doc. 59 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JEFFREY M. ROCKEFELLER, Plaintiff, DECISION AND ORDER 13-CV-1159-A v. SGT. WARNER, et al., Defendants. The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On December 9, 2016, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 58), recommending that the plaintiff’s case be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. The Court has carefully reviewed the Report and Recommendation, the record in the case, and no objections having been timely filed, it is hereby ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge McCarthy’s Report and Recommendation, plaintiff’s Complaint is dismissed with prejudice. Dockets.Justia.com The Clerk of Court shall take all steps necessary to close the case. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: January 27, 2017 2