Opinion
9:14-cv-1092 (TJM/DEP)
10-26-2017
ELIJAH SKATES, Plaintiff, v. JARROD SHUSDA, et al., Defendants.
Thomas J. McAvoy, SR. U.S.D.J.
DECISION and ORDER
The Court referred this action alleging civil rights violations by prison officers, brought pursuant to 42 U.S.C. § 1983, to the Hon. David E. Peebles, Chief United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. The Report-Recommendation, dated September 27, 2017, recommends that the Court grant Defendants' motion to dismiss for failure to prosecute.
Plaintiff did not file objections to the Report-Recommendation and the time for filing such objections has passed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice and the Court will adopt the Report-Recommendation.
Accordingly:
The Report-Recommendation, dkt. # 63, is hereby ADOPTED. The Defendants' motion to dismiss for lack of prosecution and failure to comply with discovery orders, dkt. # 62, is hereby GRANTED. The Complaint is dismissed in its entirety. The Clerk of Court is directed to CLOSE the case.
IT IS SO ORDERED
Dated:October 26, 2017
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge