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Edwards v. Selsky

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 22, 2008

WILLIAM EDWARDS, PLAINTIFF,
v.
DONALD SELSKY; ROY A. GIRDICH, SUPERINTENDENT; A. BOUCHEY, CORRECTIONS OFFICER; STEVEN BULLIS, COMMISSIONER HEARING OFFICER; AND MR. B. POUPORE, CORRECTIONS OFFICER, DEFENDANTS.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., S.J.

DECISION AND ORDER

Presently before the Court is Magistrate Judge David R. Homer's Report-Recommendation filed on December 26, 2007 in which he recommends the defendants' motion to dismiss be granted and that this action be dismissed in its entirety as to all claims and all defendants. Magistrate Judge Homer's Report-Recommendation was mailed to plaintiff's last known address, but was returned to the Clerk's office marked: "return to sender" "unable to forward." Rule 41.2(b) of the Local Rules of Practice for the Northern District of New York states that failure to notify the Court of a change of address as required by Local Rule 10.1(b) may result in dismissal of any pending action. Therefore, in light of Plaintiff's failure to notify the Court of his change of address, the Court here by

ORDERS, that the Report-Recommendation of Magistrate Judge David R. Homer filed December 26, 2007 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further

ORDERS, that this action is DISMISSED pursuant to 41(b) of the Federal Rules of Civil Procedure, based upon plaintiff's failure to prosecute and Local Rule 10.1(b) based upon plaintiff's failure to notify the Court of a change of address, and the Court further

ORDERS, that defendants' motion to dismiss is GRANTED and that this action is DISMISSED in its entirety as to all claims and all defendants, and the Court further

ORDERS, that the Clerk of the Court is to enter judgment in favor of Defendants and close this case.

IT IS SO ORDERED.

20080122

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