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Thomas v. Annucci

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 19, 2008

ALAN THOMAS, PLAINTIFF,
v.
ANTHONY J. ANNUCCI, GENERAL COUNSEL; A. BABCOCK, S.C.C.; R. STILES, S.C.C.; MR. KNAPP, C.C.; THERESA KNAPP-DAVID, DIR. OF CLASSIFICATION; RICHARD ROY, INSPECTOR GENERAL, DEPT OF CORRECTIONS; JUSTINE TAYLOR, SUPERINTENDENT; SARA CAMPBELL, S.U. TEACHER; AND MS. MCINTOSH, C.C., 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 July 29, 2008 Report-Recommendation in which he recommends that defendants' motion for judgment on the pleadings 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, "Return to Sender." 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 July 29, 2008 is ACCEPTED in its entirety for the reasons stated therein, and the Court further

ORDERS that defendants' motion for judgment on the pleadings 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.

20080819

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