Weaver v. Gutwein et al

Filing 31

ORDER: ORDERED, that the 27 Report-Recommendation is adopted in its entirety. ORDERED, that defendant's 21 Motion for Summary Judgment is granted and this action is dismissed. Signed by Senior Judge Norman A. Mordue on 3/7/14. (served on plaintiff by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ CALVIN WEAVER, Plaintiff, v. 9:11-CV-1238 (NAM/RFT) ERIC GUTWEIN, N Defendant. ________________________________________________ APPEARANCES: OF COUNSEL: CALVIN WEAVER Plaintiff, Pro Se A HON. ERIC T. SCHNEIDERMAN Attorney General of the State of New York The Capitol Albany, NY 12224 Counsel for Defendant CHARLES J. QUACKENBUSH, ESQ. Assistant Attorney General NORMAN A. MORDUE, SENIOR U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge M Randolph F. Treece, duly filed on the 17th day of January 2014. 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, which was mailed to plaintiff’s last known residence, was returned to the Court as undeliverable to plaintiff at such address. See docket nos. 29 and 30. 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. 10. 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. N 2. The defendant’s motion for summary judgment is granted and this action is dismissed. 3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. IT IS SO ORDERED. A Dated: March 7, 2014 Syracuse, New York M

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