Murphy v. Gibbons et al

Filing 80

ORDER - That the 78 Report-Recommendation and Order is ADOPTED in its entirety. That this action is dismissed due to Plaintiff's apparent abandonment, failure to prosecute, and failure to provide an updated address. See N.D.N.Y.L.R. 41.2(b)(dismissal of action appropriate where petitioner fails to notify Court of change of address). That the Clerk is directed to close the case. Signed by Senior Judge Gary L. Sharpe on 1/30/2017. (Copy served via regular and certified mail)(jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________ VERNON MURPHY, Plaintiff, 1:13-cv-1433 (GLS/DJS) v. THOMAS GIBBONS, et al. Defendants. ________________________________ APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: VERNON MURPHY Plaintiff, Pro Se 229 Delaware Avenue First Floor Albany, New York 12209 FOR THE DEFENDANTS: Rehfuss, Liguori Law Firm 40 British American Blvd. Latham, New York 12110 ABIGAIL W. REHFUSS, ESQ. STEPHEN J. REHFUSS, ESQ. Gary L. Sharpe Senior District Judge ORDER The above-captioned matter comes to this court following an ReportRecommendation and Order by Magistrate Judge Daniel J. Stewart, duly filed on January 6, 2017. (Dkt. No. 78.) Following fourteen 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 Report-Recommendation and Order for clear error, it is hereby ORDERED that the Report-Recommendation and Order (Dkt. No. 78) is ADOPTED in its entirety; and it is further ORDERED that this action is dismissed due to Plaintiff’s apparent abandonment, failure to prosecute, and failure to provide an updated address. See N.D.N.Y.L.R. 41.2(b)(dismissal of action appropriate where petitioner fails to notify Court of change of address); and it is further ORDERED that the Clerk is directed to close the case; and it is further ORDERED that the clerk provide a copy of this Order to the parties in accordance with the court’s Local Rules of Practice. IT IS SO ORDERED. January 30, 2017 Albany, New York 2

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