Benitez v. Taylor et al

Filing 19

DECISION AND ORDER: ORDERED that 17 Report and Recommendation is adopted. ORDERED that 14 Motion to Dismiss for Lack of Prosecution is granted and the complaint is dismissed for failure to prosecute. Signed by Senior Judge Thomas J. McAvoy on 12/13/14. {order served via regualr mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
ROBERT BENITEZ,
Plaintiff,
vs.

9:13-CV-1404
(TJM/TWD)

TAYLOR, 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.

Christian F. Hummel, 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
Hummel’s Order and Report-Recommendation [dkt. # 17] have been filed, and the time to
do so has expired.1

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On February 20, 2014, the In Forma Pauperis Order, served on Plaintiff at his last known address at
the Great Meadows Correctional Facility, was returned as "undeliverable” and the envelope read “released.”
The defendants also attempted to serve their answer to the complaint and mandatory disclosure documents,
all of which were returned as “undeliverable.” Additionally, the Court tried to mail the Pre-Trial Discovery and
Scheduling Order, which was also returned as “undeliverable.” The Court determined from the DOCCS
“Inmate Locator” that Benitez was released from the correctional facility on January 11, 2014.
The plaintiff failed to keep the Court advised of his address or to file any objections to the Report and
Recommendation. Every litigant is required to keep the Court advised of his or her address so that
(continued...)

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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.
III.

CONCLUSION
Accordingly, the Court ADOPTS the Order and Report-Recommendation [dkt. # 17]

for the reasons stated therein. Defendants’ motion to dismiss [dkt. # 14] is GRANTED and
the complaint is DISMISSED for failure to prosecute. The Clerk may close the file in this
matter.
IT IS SO ORDERED.
Dated:December 13, 2014

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(...continued)
documents and decisions may be served upon them by mail. See Local Rules of the United States District
Court for the Northern District of New York, 10.1(b), 41. (2) & (b). Failure to do so can greatly delay
proceedings and, therefore, can be construed as an abandonment of the action.
Under the circumstances, the Court deems that Plaintiff intentionally failed to file any objections and
has abandoned this action.

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