Llewellyn v. Annucci et al

Filing 33

ORDER: It is hereby ORDERED that the Report-Recommendation and Order (Dkt. No. 30 ) is ADOPTED in its entirety; and it is further ORDERED that defendants motion to dismiss (Dkt. No. 29 ) is GRANTED; and it is further ORDERED that plaintiffs amended complaint (Dkt. No. 5 ) is DISMISSED without prejudice; and it is further ORDERED that the Clerk is directed to close this case; and it is further ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice. Specifically, the Order shall be provided to plaintiff at his address of record (Orleans Correctional Facility) and the facility from which he was released (Sing Sing Correctional Facility). Signed by Senior Judge Gary L. Sharpe on 1/7/2022. (Copy served via regular mail)(meb)

Case 9:20-cv-00179-GLS-TWD Document 33 Filed 01/07/22 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JUSTIN LLEWELLYN,
Plaintiff,

9:20-cv-179
(GLS/TWD)

v.
S. PEACOCK,
Defendant.
APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
Justin Llewellyn
Pro Se
19-R-0168
Orleans Correctional Facility
3531 Gaines Basin Road
Albion, NY 14411
FOR THE DEFENDANT:
HON. LETITIA JAMES
New York State Attorney General
The Capitol
Albany, NY 12224

LAUREN ROSE EVERSLEY
Assistant Attorney General

Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order (R&R) by Magistrate Judge Thérèse Wiley
Dancks duly filed December 2, 2021. (Dkt. No. 30.) Following fourteen days
from the service thereof, the Clerk has sent the file, including any and all
objections filed by the parties herein.

Case 9:20-cv-00179-GLS-TWD Document 33 Filed 01/07/22 Page 2 of 2

No objections having been filed, and the court having reviewed the R&R
for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No. 30) is
ADOPTED in its entirety; and it is further
ORDERED that defendant’s motion to dismiss (Dkt. No. 29) is
GRANTED; and it is further
ORDERED that plaintiff’s amended complaint (Dkt. No. 5) is
DISMISSED without prejudice; and it is further
ORDERED that the Clerk is directed to close this case; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in
accordance with the Local Rules of Practice. Specifically, the Order shall be
provided to plaintiff at his address of record (Orleans Correctional Facility)
and the facility from which he was released (Sing Sing Correctional Facility).
IT IS SO ORDERED.
January 7, 2022
Albany, New York

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