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Poole v. LeClaire

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 28, 2008

VINCENT POOLE, PLAINTIFF,
v.
LUCIEN LECLAIRE, JR., ACTING COMMISSIONER NY DOCS; JAMES PLESCIA, SUPERINTENDENT; AND NEIL TRACTMAN, DR., WASHINGTON CORRECTIONAL FACILITY, DEFENDANTS.

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

DECISION & ORDER

Presently before the Court is Magistrate Judge David R. Homer's February 19, 2008 Report-Recommendation in which he recommends that defendants' motion to dismiss be granted 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, "Released." Under Local Rule 41.2(b), failure to notify the Court of a change of address as required by Local Rule 10.1(b) may result in dismissal of the action. Therefore, in light of Plaintiff's failure to notify the Court of his change of address, the Court hereby

ORDERS that the Report-Recommendation filed by Magistrate Judge David R. Homer on February 19, 2008 is ACCEPTED in its entirety for the reasons stated therein, and the Court further

ORDERS that defendants' motion to dismiss is GRANTED 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.

20080228

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