Gourd v. Washington County, New York et al

Filing 25

ORDER adopting 24 Report and Recommendations; granting 20 Motion to Dismiss for Lack of Prosecution. Signed by Judge Brenda K. Sannes on 9/21/16 (served on Plaintiff via regular and certified mail). (rjb, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________________
JOSEPH R. GOURD,
Plaintiff,
v.

9:15-CV-0513 (BKS/DJS)

WASHINGTON COUNTY, NEW YORK, et al,
Defendants.
________________________________________________
Appearances:
Joseph R. Gourd
Ballston Spa, NY 12020
Plaintiff, pro se
Bradley J. Stevens, Esq.
Gregg T. Johnson, Esq.
Lemire, Johnson & Higgins, LLC
P.O. Box 2485
2534 Route 9
Malta, NY 12020
Attorney for Defendants
Hon. Brenda K. Sannes, United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff Joseph R. Gourd, a former New York State inmate, commenced this action
alleging that the Defendants violated his rights under the Eighth Amendment by failing to
prevent and timely stop an assault and battery upon Plaintiff by another inmate. Dkt. No. 1-1.
On January 15, 2016, Defendants filed a motion to dismiss under Fed. R. Civ. P. 41 for failure to
prosecute. Dkt. No. 20. Plaintiff did not respond to Defendants’ motion. On February 8, 2016 a
notice that had been mailed to Plaintiff was returned to the Court as undeliverable. Dkt. No. 23.

This matter was referred to United States Magistrate Judge Daniel J. Stewart who, on
September 2, 2016, issued a Report-Recommendation and Order recommending that Defendants’
motion to dismiss be granted and this action be dismissed. Dkt. No. 24. Magistrate Judge
Stewart advised the parties that under 28 U.S.C. § 636(b)(1), they had fourteen days within
which to file written objections to the report, and that the failure to object to the report within
fourteen days would preclude appellate review. Dkt. No. 24, pp. 5-6. No objections to the
Report-Recommendation have been filed.
As no objections to the Report-Recommendation have been filed, and the time for filing
objections has expired, the Court reviews the Report-Recommendation for clear error. See
Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory
committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear
error and found none, the Report-Recommendation is adopted in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 24) is ADOPTED in its
entirety; and it is further
ORDERED that Defendants’ motion to dismiss for failure to prosecute (Dkt. No. 20) is
GRANTED and this action is DISMISSED; and it is further
ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with
the Local Rules.
IT IS SO ORDERED.
Dated: September 21, 2016

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