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Jones v. Central New York Psychiatric Center

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 18, 2008

DAVID R. JONES, PLAINTIFF,
v.
CENTRAL NEW YORK PSYCHIATRIC CENTER; S. DBLOVO, T.A. OFFICER, CNY PSYCHIATRIC CENTER; CLORCK, T.A. OFFICER, CNY PSYCHIATRIC CENTER; ERICK, T.A. OFFICER, DEFENDANTS.

The opinion of the court was delivered by: Norman A. Mordue, Chief Judge

ORDER

The above matter comes to me following a Report-Recommendation by Magistrate Judge George H. Lowe, duly filed on the 25th day of February, 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

Such Report-Recommendation, which was mailed to plaintiff's last known residence, was returned to the Court as undeliverable to plaintiff at such address. See Dkt. No. 16.

Additionally, plaintiff was previously advised by the Court that plaintiff was required to promptly notify the Clerk's Office of any change in his address, and that failure to keep such office apprised of his current address would result in the dismissal of the instant action. See Dkt. No. 5.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED, that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The Defendant CNYPC's motion to dismiss for failure to state a claim (Dkt. No. 12) is granted.

3. Plaintiff's remaining claims in this action are dismissed sua sponte for failure to prosecute, and/or for failure to comply with an order of the Court.

4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.

20080318

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