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Andino v. Spitzer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 29, 2009

LUIS ANDINO, PLAINTIFF,
v.
ELLIOT SPITZER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., Sr. D. J.

DECISION AND ORDER

After carefully considering the entire file in this matter, including Magistrate Judge Peebles' May 5, 2009 Report- Recommendation to which the parties have not filed any objections and said Report-Recommendation having been mailed to plaintiff's last known address, but was returned to the Clerk's office marked "RTS (Return to Sender - unable to forward). 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 E. Peebles filed on May 5, 2009 is, for the reasons stated therein, ACCEPTED in its entirety; and the Court further

ORDERS that this action is DISMISSED in its entirety, and the Court further

ORDERS, that the Clerk of the Court shall enter judgment in favor of Defendants and close this case.

IT IS SO ORDERED.

20090729

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