UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
February 26, 2007
SERGIO A. PONDER, SR., PLAINTIFF,
DAVID CLARKE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On February 5, 2007, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendants' motion to dismiss the action for failure to prosecute be granted.
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 Foschio's Report and Recommendation, defendants/ motion to dismiss the action for failure to prosecute is granted. The Clerk of Court shall take all steps necessary to close the case.
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