Guarneri v. Albany County Correctional Facility Superintendent Christopher Clark et al

Filing 23

DECISION and ORDER: ORDERED that 20 Report and Recommendation is accepted in whole. ORDERED that Plaintiff's complaint is DISMISSED, sua sponte, for failure to prosecute. Signed by Judge David N. Hurd on 5/26/15. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------JOSEPH GUARNERI,
Plaintiff,
v.

9:14-CV-1546
(DNH/DEP)

CORRECTIONAL OFFICER JOHN CRAWELY,
Defendant.
-------------------------------APPEARANCES:
JOSEPH GUARNERI
Plaintiff, pro se
1009 East Main Street
Cobleskill, NY 12403
HON. THOMAS MARCELLE
Albany County Attorney
112 State Street
Room 1010
Albany, NY 12207

ADAM G. GIANGRECO, ESQ.
Ass't Count Attorney

DAVID N. HURD
United States District Judge

DECISION and ORDER
Pro se plaintiff Joseph Guarneri brought this action pursuant to 42 U.S.C. § 1983. On
April 27, 2015, the Honorable David E. Peebles, United States Magistrate Judge, advised by
Report-Recommendation that plaintiff's complaint be dismissed for failure to prosecute. No
objections to the Report-Recommendation were filed.1

1

The Report-Recommendation was sent to plaintiff by both regular mail and certified mail. Both
times the mail was returned as undeliverable.

Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. Plaintiff's complaint is DISMISSED, sua sponte, for failure to prosecute; and
2. The Clerk enter judgment accordingly, close the file, and serve a copy of this
Decision and Order upon the parties in accordance with the Local Rules.
IT IS SO ORDERED.

Dated: May 26, 2015
Utica, New York.

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