Lemite v. Mt. McGregor Correctional Facility et al

Filing 40

DECISION AND ORDER: ORDERED that 37 Report and Recommendation is accepted in whole. ORDERED that Plaintiff's complaint is DISMISSED without prejudice. Signed by Judge David N. Hurd on 7/5/17. {order served via regular mail and via certified mail on plaintiff}(nas, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------VLADIMIR LEMITE, Plaintiff, -v- 9:15-cv-1230 (DNH/DJS) ROBERT SEHLMEYER, Correction Officer, Defendant. -------------------------------APPEARANCES: VLADIMIR LEMITE Plaintiff pro se Last Known Address: 645 South 7th Avenue Mount Vernon, New York 10550 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 CHRISTOPHER J. HUMMEL, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Vladimir Lemite brought this action pursuant to 42 U.S.C. § 1983. On June 13, 2017, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Report-Recommendation sent to plaintiff by certified mail was returned to the court as undeliverable. No objections to the ReportRecommendation have been received. 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 Plaintiff's complaint is DISMISSED without prejudice. The Clerk is directed to file judgment accordingly and close the file. IT IS SO ORDERED. Dated: July 5, 2017 Utica, New York. -2-

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