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Resto v. Office of Mental Health

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 28, 2009

ALBERTO RESTO, PLAINTIFF,
v.
OFFICE OF MENTAL HEALTH; UPSTATE SPECIAL HOUSING UNIT; GEORGE PATAKI; DOCTOR WURZBERGER; MR. MARINELLI, COORDINATOR; AND KIM, UNIT CHIEF, DEFENDANTS.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed January 7, 2009 Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed January 7, 2009 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that Resto's complaint is DISMISSED in its entirety without prejudice pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(b) (2)(A)(v) for Resto's failure to comply with the Court's September 2, 2008 order, and it is further

ORDERED, that the Clerk of the Court is directed to close this case.

IT IS SO ORDERED

20090128

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