Decker v. Hogan et al

Filing 22

DECISION & ORDER: The Court adopts the 21 Report-Recommendations for the reasons stated therein. ORDERED, that Defendants' 17 Motion to Dismiss is GRANTED and the complaint is DISMISSED FOR FAILURE TO NOTIFY THE COURT OF HIS CHANGE OF ADDRE SS AND FOR FAILURE TO PROSECUTE. The Clerk of the Court is instructed to enter judgment in favor of Defendants and to close the file in this matter. adopting Report and Recommendations re 21 Report and Recommendations. Signed by Senior Judge Thomas J. McAvoy on 9/1/10. (Decision and Order served on plaintiff by regular mail at his last known address of record with the Court)(alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ MICHAEL L. DECKER, Plaintiff, -vMICHAEL F. HOGAN, et al., Defendants. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge 9:09-CV-239 DECISION & ORDER This pro se action brought pursuant to 42 U.S.C. 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). No objections to the ReportRecommendation dated June 16, 2010 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the ReportRecommendation and Order is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein. It is therefore, ORDERED that Defendants' Motion to Dismiss (Dkt. No. 17) is GRANTED and the and the complaint is DISMISSED FOR FAILURE TO NOTIFY THE COURT OF HIS CHANGE OF ADDRESS AND FOR FAILURE TO PROSECUTE. The Clerk of the Court 1 is instructed to enter judgment in favor of Defendants and to close the file in this matter. IT IS SO ORDERED DATED: September 1, 2010 2

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