Summary
dismissing complaint in its entirety with prejudice for failure to prosecute
Summary of this case from Palmer v. SeidmanOpinion
Civil Action No. 9:01-cv-1894 (GLS/GJD).
November 1, 2006
LACY BAKER, 00-R-2708, Plaintiff Pro Se, Downstate Correctional Facility, Fishkill, New York, for the Plaintiff.
ED J. THOMPSON, ESQ., Assistant Attorney General, HON. ELIOT SPITZER, Attorney General for the State of New York, Syracuse, New York, for the Defendants.
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Chief Magistrate Judge Gustave J. DiBianco, duly filed October 6, 2006. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Chief Magistrate Judge Gustave J. DiBianco filed October 6, 2006 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED, that defendants' motion to dismiss for failure to prosecute (Docket No. 45) is GRANTED, and the complaint DISMISSED IN ITS ENTIRETY WITH PREJUDICE, and it is further
ORDERED, that the Clerk of the Court is to enter judgment in favor of Defendants and close this case.
IT IS SO ORDERED.