Shipman v. Sterling Infosystems, Inc.

Filing 6

ORDER adopting Report and Recommendations re 5 Report and Recommendations.. Signed by Judge Gary L. Sharpe on 12/23/10. (Attachments: # 1 Exhibit(s) Report-Recommendation) (tab)

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-DRH Shipman v. Sterling Infosystems, Inc. Doc. 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------DENNIS SHIPMAN Plaintiff, v. Civil Action No. 1:10-cv-1124 (GLS/DRH) STERLING INFOSYSTEMS, INC. Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: DENNIS SHIPMAN Plaintiff pro se 58 Grove Street, 2nd Floor Newburgh, New York 12250-4128 GARY L. SHARPE, U.S. DISTRICT JUDGE ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge David R. Homer, duly filed November 23, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby Dockets.Justia.com OF COUNSEL: ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed November 23, 2010 (Dkt. No. 5) is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that Shipman's complaint is DISMISSED in its entirety without prejudice pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(b)(2)(A)(v) for Shipman's failure to comply with the Court's September 24, 2010 order; and it is further ORDERED, that the Clerk of the court serve a copy of this order upon the parties by regular mail. IT IS SO ORDERED. Dated: December 23, 2010 Albany, New York 2

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