Taylor v. Ricca et al

Filing 12

REPORT AND RECOMMENDATIONS: The Court recommends that Taylor's case be dismissed for failure to prosecute. Objections to R&R due by 6/22/2009 (Signed by Magistrate Judge Ronald L. Ellis on 6/4/09) (dle)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK < CASSELL TAYLOR, Plaintiff, - against STEVEN RICCA and JOSHUA FARANDA, Defendants. : : : : : : : : : < REPORT AND RECOMMENDATION 08 Civ. 9312 (RJH) (RLE) To the HONORABLE RICHARD J. HOLWELL, U.S.D.J.: Pro se Plaintiff Cassell Taylor filed his Complaint in the instant action on October 30, 2008, at which time he was incarcerated in Auburn Correctional Facility. On or about January 13, 2009, Marshall's Process Receipt and Return of Service Unexecuted was filed as to Defendant Faranda. (Doc. No. 4.) On or about January 22, 2009, acknowledgment of service was entered as to Defendant Ricca, with a "filed" date of January 16, 2009. (Doc. No. 5.) On January 22, 2009, the undersigned ordered Taylor to effectuate proper service on Defendants, the acknowledgment of service as to Defendant Ricca not yet having appeared on the docket. (Doc. No. 6.) On January 26, 2009, the Court extended Ricca's time to Answer or otherwise respond to March 6, 2009. (Doc. No. 7.) On or about February 2, 2009, a Change of Address Memorandum was filed by Taylor. (Doc. No. 8.) Subsequently, the undersigned ordered Taylor to provide certain releases to Defendant Ricca for purposes of reviewing Taylor's records. Taylor was ordered to provide the releases to Defendant Ricca or show cause on or before March 23, 2009, why he should not be required to sign the releases. (Doc. No. 9.) Simultaneously, Taylor was ordered to serve Defendant Faranda on or before March 30, 2009. (Id.) On April 15, 2009, Defendant Ricca communicated to the Court that Taylor had failed to provide releases. Having received no response from Taylor, on May 4, 2009, the Court ordered Taylor to indicate on or before May 18, 2009, whether he wished to pursue this case. (Doc.

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