Rockefeller v. NYS Dept. of Corrections and Community Supervision
Filing
59
DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 58 . Plaintiff's Complaint is hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 1/27/17. (LAS)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
JEFFREY M. ROCKEFELLER,
Plaintiff,
DECISION AND ORDER
13-CV-1159-A
v.
SGT. WARNER, et al.,
Defendants.
The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On December 9, 2016,
Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 58),
recommending that the plaintiff’s case be dismissed pursuant to Fed. R. Civ. P.
41(b) for failure to prosecute.
The Court has carefully reviewed the Report and Recommendation, the
record in the case, 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 McCarthy’s Report and Recommendation, plaintiff’s
Complaint is dismissed with prejudice.
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: January 27, 2017
2
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