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Dennis v. Donelli

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 9, 2009

EUGENE DENNIS,*FN1 PLAINTIFF,
v.
JOHN J. DONELLI, SUPERINTENDENT, BAREHILL CORRECTIONAL FACILITY; T. SEAMAN, MEDIAL DIR., BAREHILL CORRECTIONAL FACILITY; T. WHALEN, MEDICAL DIR., BAREHILL CORRECTIONAL FACILITY; R. DONALDSON, IGRC SUPERVISOR, BAREHILL CORRECTIONAL FACILITY, DEFENDANTS.

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

ORDER

The above matter comes to me following a Report-Recommendation by Magistrate Judge Randolph F. Treece, duly filed on the 13th day of February 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

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 Defendants' Motion to Dismiss for Lack of Prosecution (Dkt. No. 31) is granted and this action is dismissed due to Plaintiff's failure to update his address and his apparent abandonment of this case. See N.D.N.Y.L.R. 41.2(a) & (b) (dismissal of action appropriate where petitioner fails to notify Court of change of address).

3. 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.


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