Midalgo v. McLaughlin et al

Filing 55

DECISION and ORDER: The 54 Report-Recommendation is accepted in whole. ORDERED, that the complaint is DISMISSED in its entirety. Signed by Judge David N. Hurd on 3/30/09. (Order served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------GABRIEL MIDALGO Plaintiff, vs McLAUGHLIN, et al. Defendants. -------------------------------APPEARANCES: GABRIEL MIDALGO 97-A-7235 Plaintiff, pro se Southport Correctional Facility P.O. Box 2000 Pine City, New York 14871 OF COUNSEL: 9:06-CV-330

HON. ANDREW M. CUOMO Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224-0341 DAVID N. HURD United States District Judge

ADELE M. TAYLOR SCOTT, ESQ. Ass't Attorney General

DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On March 6, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, advised, by Report-Recommendation, that plaintiff's complaint be dismissed for failure to prosecute and provide a current address. No objections to the Report-Recommendation were filed.

Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that the complaint is DISMISSED in its entirety. IT IS SO ORDERED.

Dated: March 30, 2009 Utica, New York.

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