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Thompson v. Laclair

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 30, 2010

MILTON THOMPSON, PLAINTIFF,
v.
DARWIN LACLAIR, SUPERINTENDENT; JOHN DOE 1, JOHN DOE 2, AND A. MCKEE, CORRECTIONAL OFFICERS, AND N. IRWIN, LIEUTENANT, DEFENDANTS.

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

DECISION & ORDER

Presently before the Court is Magistrate Judge David E. Peebles June 7, 2010 Report-Recommendation in which he recommends that plaintiff's complaint in this action be dismissed for failure to prosecute and to comply with the rules of this court. Magistrate Judge Peebles's Report-Recommendation was mailed to plaintiff's last known address, but was returned to the Clerk's Office marked, "Return to Sender - No Addressee," - "Not Deliverable As Addressed, 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 on June 7, 2010 is ACCEPTED in its entirety for the reasons stated therein, and the Court further

ORDERS that plaintiff's complaint in this action is DISMISSED and the court further ORDERS that the Clerk of the Court is to enter judgment in favor of defendants and close this case.

IT IS SO ORDERED.

20100630

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