Skates v. Shusda et al

Filing 65

DECISION AND ORDER: ORDERED that the Report-Recommendation, dkt. # 63 , is hereby ADOPTED. The Defendants' motion to dismiss for lack of prosecution and failure to comply with discovery orders, dkt. # 62 , is hereby GRANTED. The Complaint is dismissed in its entirety. The Clerk of Court is directed to CLOSE the case. Signed by Senior Judge Thomas J. McAvoy on 10/26/17. {order served via regular mail on plaintiff}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

ELIJAH SKATES,
Plaintiff,
v.

9:14-cv-1092
(TJM/DEP)

JARROD SHUSDA, et al.,
Defendants.

Thomas J. McAvoy, SR. U.S.D.J.

DECISION and ORDER
The Court referred this action alleging civil rights violations by prison officers,
brought pursuant to 42 U.S.C. § 1983, to the Hon. Dav id E. Peebles, Chief United States
Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and
Rule 72.3(d) of the Local Rules of the Northern District of New York. The ReportRecommendation, dated September 27, 2017, recommends that the Court grant
Defendants’ motion to dismiss for failure to prosecute.
Plaintiff did not file objections to the Report-Recommendation and the time for filing
such objections has passed. After examining the record, this Court has determined that
the Report-Recommendation is not subject to attack for plain error or manifest injustice
and the Court will adopt the Report-Recommendation.
Accordingly:
The Report-Recommendation, dkt. # 63, is hereby ADOPTED. The Defendants’
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motion to dismiss for lack of prosecution and failure to comply with discovery orders, dkt. #
62, is hereby GRANTED. The Complaint is dismissed in its entirety. The Clerk of Court is
directed to CLOSE the case.
IT IS SO ORDERED

Dated:October 26, 2017

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