Clayton v. Community Land Trust et al

Filing 9

DECISION AND ORDER adopting 7 Report and Recommendations and dismissing the complaint in its entirety. Signed by Senior Judge Thomas J. McAvoy on 12/25/2010. (amt) [Pltf served via reg. and cert. mail]

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-DRH Clayton v. Community Land Trust et al Doc. 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ PHILLIP CLAYTON, Plaintiff, v. COMMUNITY LAND TRUST; BEVERLY BURNETT; ROGER LEWIS; and CONNIE CHAVEZ, Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge 1:10-CV-1079 (TJM/DRH) DECISION & ORDER In a Report-Recommendation and Order dated November 30, 2010, United States Magistrate Judge David R. Homer recommends that this pro se action commenced pursuant to 42 U.S.C. § 1983 "be dismissed in its entirety without prejudice pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(b)(2)(A)(v) for failure to comply with the Court's September 20, 2010 order." Dkt. # 7. Plaintiff has not filed objections to the Report-Recommendation and Order and the time to do so has expired. The Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation and Order for the reasons stated therein. 1 Dockets.Justia.com It is therefore, ORDERED that the complaint in this action is DISMISSED in its entirety without prejudice. IT IS SO ORDERED DATED:December 25, 2010 2

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