Hamilton v. Graziano et al

Filing 41

DECISION AND ORDER: ORDERED that the Court ADOPTS the Order and Report-Recommendation, dkt. # 39 , for the reasons stated therein. ORDERED that Defendants' motion to dismiss, dkt. # 38 , is GRANTED, and Plaintiff's amended compla int in this action is DISMISSED in its entirety as against both defendants, with prejudice, based upon his failure to prosecute and to appear for deposition in the action, as required by court order. The Clerk may close the file in this matter. Signed by Senior Judge Thomas J. McAvoy on 12/12/14. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
RALIK HAMILTON,
Plaintiff,
vs.

9:12-CV-0744
(TJM/TWD)

MICHAEL GRAZIANO, Superintendent,
Greene Correctional Facility, et al.,
Defendants.
________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983, was referred to the Hon.

David E. Peebles, 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 Magistrate Judge
Peebles’s Order and Report-Recommendation [dkt. # 39] have been filed, and the time to
do so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Order and Report-

Recommendation is not subject to attack for plain error or manifest injustice.

1

III.

CONCLUSION
Accordingly, the Court ADOPTS the Order and Report-Recommendation [dkt. # 39]

for the reasons stated therein. Therefore, Defendants' motion to dismiss [dkt. # 38) is
GRANTED, and Plaintiff's amended complaint in this action is DISMISSED in its entirety
as against both defendants, with prejudice, based upon his failure to prosecute and to
appear for deposition in the action, as required by court order. The Clerk may close the file
in this matter.

IT IS SO ORDERED.
Dated: December 12, 2014

2