UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
November 6, 2007
PAUL MITCHELL, PLAINTIFF,
DALE ARTUS, SUPERINTENDENT, CLINTON CORRECTIONAL FACILITY DEFENDANT.
The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed September 28, 2007. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge Randolph F. Treece filed September 28, 2007 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED, that having received notice of a pending dismissal and failing to show good cause thereof, Plaintiff's complaint is dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 4(m) for failure to timely serve the defendant, and it is further
ORDERED, that the Clerk of the Court is to enter judgment in favor of the Defendant and close this case.
IT IS SO ORDERED.
© 1992-2007 VersusLaw Inc.