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Matos v. McKinney

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 25, 2009

HECTOR MATOS, JR., PLAINTIFF,
v.
T. MCKINNEY; SERGEANT, ET AL., DEFENDANTS.

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

MEMORANDUM-DECISION AND ORDER

The above-captioned matter comes to this court following a Report-Recommendation and Order ("R&R") by Magistrate Judge Randolph F. Treece, filed August 21, 2008. (Dkt. No. 36.) The R&R*fn1 recommended granting defendants' motion to dismiss for lack of prosecution*fn2 and dismiss the complaint. On September 8, 2008, plaintiff Hector Matos, Jr., filed a letter construed as an objection to the R&R. (See Dkt. No. 37.) In reality, the letter merely states that Matos has unsuccessfully attempted to contact defendants' counsel. Matos includes a copy of a letter he wrote to defense counsel indicating his willingness to pursue the case. Despite this assertion, however, nothing in the record indicates that Matos has rectified the issue pointed out by Judge Treece.*fn3 Since Matos has failed to object specifically to the R&R, the court has reviewed the R&R for clear error. Finding none, the complaint is dismissed.

Wherefore, it is hereby

ORDERED that the Report-Recommendation and Order of Magistrate Judge Randolph F. Treece filed August 21, 2008 is accepted in its entirety for the reasons stated therein; and it is further

ORDERED that defendants' motion to dismiss is GRANTED and the complaint is dismissed; and it is further

ORDERED that the Clerk enter judgment in favor of the defendants and close the case; and it is further

ORDERED that the Clerk provide copies of this Decision and Order to the parties.

IT IS SO ORDERED.


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