Resto v. Office of Mental Health et al

Filing 6

ORDER, that the 5 Report-Recommendation of Magistrate Judge David R. Homer filed January 7, 2009 is ACCEPTED in its entirety. That Resto'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 Resto's failure to comply with the Court's September 2, 2008 order. Signed by Judge Gary L. Sharpe on 1/28/2009. (Attachments: # 1 Judge Homer's Report-Recommendation) (jel, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------ALBERTO RESTO, Plaintiff, -v.Civil Action No. 9:08-cv-929 (GLS/DRH) OFFICE OF MENTAL HEALTH; UPSTATE SPECIAL HOUSING UNIT; GEORGE PATAKI; DOCTOR WURZBERGER; MR. MARINELLI, Coordinator; and KIM, Unit Chief, Defendants. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: ALBERTO RESTO Plaintiff Pro Se 01-A-0183 Upstate Correctional Facility Post Office Box 2001 Malone, New York 12953 OF COUNSEL:

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 January 7, 2009 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 ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed January 7, 2009 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that Resto'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 Resto's failure to comply with the Court's September 2, 2008 order, and it is further ORDERED, that the Clerk of the Court is directed to close this case.

IT IS SO ORDERED Dated: January 28, 2009 Albany, New York

2