Muhammad v. Wright et al

Filing 102

ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation as filed on August 5, 2014. The Complaint in this matter is dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedures. The Clerk of Court shall close the case. IT IS SO ORDERED. Signed by Hon. Richard J. Arcara on 9/8/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ANDRE D. MUHAMMAD,
Plaintiff,
DECISION AND
ORDER
09-CV-639A

v.
LESTER WRIGHT et al.,

Defendants.

The above-referenced case was referred to Magistrate Judge Hugh B.
Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). The defendants filed a motion for
summary judgment (Dkt. No. 94) on November 25, 2013. The plaintiff then made a
motion on December 5, 2013 to appoint counsel, and Magistrate Judge Scott denied
this motion on December 6, 2014 with a reminder to the plaintiff that his response to the
summary judgment motion was due by January 15, 2014. Plaintiff then filed a motion
for an extension of time to file a response to the summary judgment motion, and
Magistrate Judge Scott granted the extension through April 15, 2014. To date, no
response has been received from the plaintiff and the matter was deemed submitted.
The record reflects that the plaintiff was advised on three separate occasions,
specifically on September 27, 2013, on December 6, 2013 and again on January 6,
2014, that his failure to respond to the defendant’s summary judgment motion would
result in the dismissal of the complaint based upon a failure to prosecute this case. On
August 5, 2014, Magistrate Judge Scott filed a Report and Recommendation,

recommending that the complaint be dismissed with prejudice.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge Scott’s Report and Recommendation, the complaint is
dismissed with prejudice pursuant to rule 41 of the Federal Rules of Civil Procedures.
The Clerk of Court shall take all steps necessary to close the case.

IT IS SO ORDERED.

______________________________
____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: September 8, 2014