Lyons v. Clinton, et al

Filing 18

DECISION AND ORDER adopting Magistrate Judge Treece's 17 Report and Recommendations; dismissing all the presently named Defendants from the 8 Amended Complaint; directing the Clerk to substitute "John Does" as Defendants in this action; directing Plaintiff to submit a Status Report within 30 days of the date of this Decision and Order. Signed by Senior Judge Thomas J. McAvoy on 3/15/2011. (amt) [Pltf served via reg. mail]

Lyons v. Clinton, et al

Doc. 18

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ WILLIAM E. LYONS, Plaintiff, -vHILLARY CLINTON; ARCHIE WILLIAMS, Judge; COLUMBIA COUNTY, New York; NEW YORK STATE, Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge Civ. No. 1:10-CV-215 (TJM/RFT)

DECISION & ORDER I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Randolph F. Treece, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the ReportRecommendation and Order dated April 23, 2010 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. II. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Therefore, it is hereby

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ORDERED that the Amended Complaint (Dkt. No. 8) is DISMISSED in part in accordance with Magistrate Judge Treece's Report-Recommendation and Order. In this regard, all of the presently named Defendants are DISMISSED from this action and the Clerk is ordered to substitute eight "John Does" as Defendants in this action. Plaintiff is ORDERED to submit a status report to Magistrate Judge Treece within thirty (30)1 days of the date of this Decision and Order. The status report will inform the Court as to the steps PLAINTIFF has taken to identify the "John Doe" defendants. Failure to comply with this Order may result in the dismissal of the action for failure to prosecute. IT IS SO ORDERED Dated: March 15, 2011

Magistrate Judge Trecce's Order says that the status report m ust be filed "within thirty (60) days" of the Court's adoption of the Report and Recom m endation. The Court presum es that the written word "thirty" controls and that the num ber "60" is a typographical error intended to be a "30" corresponding with the typed word. Nevertheless, this Order requires that the status report be filed within THIRTY (30) days.

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