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, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
CALVIN WEAVER,
Plaintiff,
v.

9:11-CV-1238
(NAM/RFT)

ERIC GUTWEIN,
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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
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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.
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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

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