Phillips v. HSBC Bank USA NA

Filing 8

ORDER: It is ordered that the # 6 Report and Recommendations is ADOPTED in its entirety, the Complaint is DISMISSED without prejudice for failure to timely comply with this court's order and failure to pay the filing fee. Signed by Chief Judge Norman A. Mordue on 12/2/2011. {Copy served upon plaintiff by certified mail, return receipt requested} (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
ROBERT PHILLIPS,
Plaintiff,
v.

6:11-CV-1027

HSBC BANK USA NA,
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Defendant.
________________________________________________
APPEARANCES:

OF COUNSEL:

ROBERT PHILLIPS
Plaintiff, pro se
NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE
ORDER
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The above matter comes to me following a Report-Recommendation by Magistrate Judge
David E. Peebles, duly filed on the 8th day of November 2011. Following fourteen (14) days from
the service thereof, the Clerk has sent me the file, including any and all objections filed by the
parties herein.
Such Report-Recommendation was mailed to plaintiff’s last known residence via regular
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and certified mail. See docket no. 6. The Report-Recommendation served upon plaintiff via
certified mail was returned to the Court as UNCLAIMED. See docket no. 7. All
communications sent to plaintiff via regular mail by the Court have not been returned.
Additionally, plaintiff was previously advised by the Court that plaintiff was required to
promptly notify the Clerk’s Office of any change in his address, and that failure to keep such
office apprised of his current address would result in the dismissal of the instant action. See

docket no. 4.

After careful review of all of the papers herein, including the Magistrate Judge’s ReportRecommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
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2. The complaint is dismissed without prejudice for failure to timely comply with this
court’s order and failure to pay the filing fee.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the
Magistrate Judge assigned to this case. Plaintiff shall also be served by certified mail, return
receipt requested.
IT IS SO ORDERED.

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Dated: December 2, 2011
Syracuse, New York

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