Jandres v. Nassau County Medical Center et al

Filing 48

AMENDED ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION; ORDERED that the case be DISMISSED with prejudice for lack of prosecution, pursuant to Rule 41(b), Federal Rules of Civil Procedure. The Clerk of the Court is directed to enter judgment and mark the case CLOSED. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. This Order shall amend and supersede the Court's Order of Dismissal dated April 26, 2016 (Docket Entry 47). So Ordered by Judge Joanna Seybert on 5/23/2016. C/ECF (Valle, Christine)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------X WILLIAM JANDRES, Plaintiff, -againstCORRECTIONS OFFICER DWAYNE EVANS, AMENDED ORDER OF DISMISSAL FOR LACK OF ACTIVITY ADOPTING REPORT & RECOMMENDATION____________ 12-CV-3132(JS)(GRB) Defendant. -----------------------------------X APPEARANCES: For Plaintiff William Jandres, pro se Address unknown For Defendant Ralph Reissman, Esq. Nassau County Attorney’s Office 1 West Street Mineola, NY 11501 SEYBERT, District Judge: The above-captioned action was opened with the filing of a Complaint on June 21, 2012. Magistrate Judge Gary R. Brown issued a Report & Recommendation (“R&R”) on March 9, 2016 (Docket Entry 45), recommending that the case be dismissed for failure to prosecute. The R&R contains a thorough summary of the progress of the case, or lack thereof, and a compelling set of reasons for the recommendation. Therefore, as no objection has been received, the R&R is ADOPTED. IT IS HEREBY ORDERED that the case be DISMISSED with prejudice for lack of prosecution, pursuant to Rule 41(b), Federal Rules of Civil Procedure. The Clerk of the Court is directed to enter judgment and mark the case CLOSED. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445, 82 S. Ct. 917, 8 L. Ed. 21 (1962). This Order shall amend and supersede the Court’s Order of Dismissal dated April 26, 2016 (Docket Entry 47). SO ORDERED. /s/ JOANNA SEYBERT______ Joanna Seybert, U.S.D.J. Dated: May 23 , 2016 Central Islip, New York 2

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