UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
November 17, 2008
GREGORY V. LEE, $4,675.00 IN U.S. CURRENCY, ONE 1997 FORD EXPEDITION, VIN # 1FMU18L4VLB79261, N.Y. LIC. NO. #DGB-8080, PLAINTIFF,
THE CITY OF KINGSTON NEW YORK POLICE DEPARTMENT; ET AL, DEFENDANTS.
The opinion of the court was delivered by: David N. Hurd United States District Judge
Plaintiff, Gregory V. Lee, brought this civil rights action pursuant to 42 U.S.C. § 1983. In a Report Recommendation dated October 17, 2008, the Honorable David R. Homer, United States Magistrate Judge, recommended that the complaint be dismissed in its entirety without prejudice pursuant to Fed. R. Civ. P. 16(f)(1)(C0 and 37(b)(2) (A)(v) for plaintiff's failure to comply with the August 29, 2008 order. The plaintiff has filed timely objections to the Report Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to which the plaintiff has objected, the Report-Recommendation is accepted and adopted. See 28 U.S.C. 636(b)(1).
Accordingly, it is ORDERED that the complaint is DISMISSED in its entirety without prejudice. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
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