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Dennis Shipman v. Sterling Infosystems

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 23, 2010

DENNIS SHIPMAN PLAINTIFF,
v.
STERLING INFOSYSTEMS, INC. DEFENDANT.

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 November 23, 2010. 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 November 23, 2010 (Dkt. No. 5) is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that Shipman'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 Shipman's failure to comply with the Court's September 24, 2010 order; and it is further ORDERED, that the Clerk of the court serve a copy of this order upon the parties by regular mail.

IT IS SO ORDERED.

Albany, New York

20101223

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