Opinion
9:12-CV-1745 (GTS/RFT)
06-05-2014
DWAYNE JONES, Plaintiff, v. DR. AMBER HAWTHORNE, Doctor, Upstate Correctional Facility, Defendant.
DWAYNE JONES, 11-A-1561 Plaintiff, Pro Se Franklin Correctional Facility HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Counsel for Defendant JOSHUA E. McMAHON, ESQ. Assistant Attorney General
APPEARANCES: DWAYNE JONES, 11-A-1561
Plaintiff, Pro Se
Franklin Correctional Facility
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Counsel for Defendant
OF COUNSEL: JOSHUA E. McMAHON, ESQ.
Assistant Attorney General
GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
Currently before the Court, in this pro se prisoner civil rights action filed by Dwayne Jones ("Plaintiff") against the above-captioned New York State correctional employee ("Defendant"), is United States Magistrate Judge Randolph F. Treece's Report-Recommendation recommending that Plaintiff's Complaint be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute the action or comply with the procedural rules or orders of the Court. (Dkt. No. 29.) Plaintiff has not filed an objection to the Report-Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Treece employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 29.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Treece's Report-Recommendation (Dkt. No. 29) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(b). Dated: June 5, 2014
Syracuse, New York
__________
Hon. Glenn T. Suddaby
U.S. District Judge