Dent v. Layo et al

Filing 22

DECISION AND ORDER: ORDERED that the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 20 ) for the reasons stated therein. Defendants' motion to dismiss this action pursuant to Fed. R. Civ. P. 41 due to Plaintiff's failure to prosecute this action, Dkt. No. 19 , is GRANTED and the Complaint is DISMISSED without prejudice. The Clerk of the Court may close the file in this case. Signed by Senior Judge Thomas J. McAvoy on 2/13/2021. {order served via regular mail on plaintiff}(nas )

Case 9:19-cv-01546-TJM-DJS Document 22 Filed 02/16/21 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
TYRAN DENT,
Plaintiff,
-v-

9:19-CV-1546

LAYO, C.R. TREMBLAY, D. BROWN, and
BHABORI,
Defendants.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION and ORDER
I.

INTRODUCTION
This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon.

Daniel J. Stewart, United States Magistrate Judge, for a Report and Recommendation
pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Def endants move to dismiss the
Complaint under Fed. R. Civ. P. 41 due to Plaintiff’s failure to prosecute this action. Dkt.
No. 19. Plaintiff did not responded to the Motion. As Judge Stewart indicates, Plaintiff
was released from the custody of the New York State Department of Corrections and
Community Supervision (“DOCCS”) on December 19, 2019. Plaintiff has had no
communication with Defendants’ counsel since being released, he has not provided an
updated address to defense counsel, and he has not filed a change of address with the
Court as he is required to do under the Local Rules. Further, all of the Orders the Court
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Case 9:19-cv-01546-TJM-DJS Document 22 Filed 02/16/21 Page 2 of 2

has issued since commencement of this case have been returned as undeliverable,
including the Report-Recommendation and Order (Dkt. No. 20). As such Plaintiff has not
responded to Judge Stewart’s recommendation to grant Defendants’ motion.
II.

DISCUSSION
After examining the record, this Court has determined that the Report-

Recommendation and Order is not subject to attack f or plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and

Order (Dkt. No. 20) for the reasons stated therein. Defendants’ motion to dismiss this
action pursuant to Fed. R. Civ. P. 41 due to Plaintiff’s failure to prosecute this action, Dkt.
No. 19, is GRANTED and the Complaint is DISMISSED without prejudice. The Clerk of
the Court may close the file in this case.
IT IS SO ORDERED.
Dated: February 13, 2021

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