Jones v. Rock, et al

Filing 33

DECISION and ORDER: ORDERED that 29 Magistrate Judge Treece's Report and Recommendation is ACCEPTED and ADOPTED in its entirety. ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(b). Signed by Judge Glenn T. Suddaby on 6/5/14. {order served via regular mail on plaintiff}(nas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ DWAYNE JONES, Plaintiff, 9:12-CV-1745 (GTS/RFT) v. DR. AMBER HAWTHORNE, Doctor, Upstate Correctional Facility, Defendant. __________________________________________ APPEARANCES: OF COUNSEL: DWAYNE JONES, 11-A-1561 Plaintiff, Pro Se Franklin Correctional Facility 62 Bare Hill Road P.O. Box 10 Malone, New York 12953 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Counsel for Defendant The Capitol Albany, New York 12224 JOSHUA E. McMAHON, ESQ. Assistant Attorney General GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in this pro se prisoner civil rights action filed by Dwayne Jones (“Plaintiff”) against the above-captioned New York State correctional employee (“Defendant”), is United States Magistrate Judge Randolph F. Treece’s Report-Recommendation recommending that Plaintiff’s Complaint be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute the action or comply with the procedural rules or orders of the Court. (Dkt. No. 29.) Plaintiff has not filed an objection to the Report-Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Treece employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the ReportRecommendation for the reasons stated therein. (Dkt. No. 29.) ACCORDINGLY, it is ORDERED that Magistrate Judge Treece’s Report-Recommendation (Dkt. No. 29) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(b). Dated: June 5, 2014 Syracuse, New York 2

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