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William E. Lyons v. Hillary Clinton; Archie Williams

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 15, 2011

WILLIAM E. LYONS, PLAINTIFF,
v.
HILLARY CLINTON; ARCHIE WILLIAMS, JUDGE COLUMBIA COUNTY, NEW YORK; NEW YORK STATE, DEFENDANTS.

The opinion of the court was delivered by: Thomas J.McAVOY, Senior United States District Judge

DECISION & ORDER

I. INTRODUCTION

This pro se action brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Randolph F. Treece, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the Report-Recommendation and Order dated April 23, 2010 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice.

II. CONCLUSION

Accordingly, the Court ADOPTS the Report-Recommendation and Order for the reasons stated therein. Therefore, it is hereby ORDERED that the Amended Complaint (Dkt. No. 8) is DISMISSED in part in accordance with Magistrate Judge Treece's Report-Recommendation and Order. In this regard, all of the presently named Defendants are DISMISSED from this action and the Clerk is ordered to substitute eight "John Does" as Defendants in this action. Plaintiff is ORDERED to submit a status report to Magistrate Judge Treece within thirty (30) *fn1 days of the date of this Decision and Order. The status report will inform the Court as to the steps PLAINTIFF has taken to identify the "John Doe" defendants. Failure to comply with this Order may result in the dismissal of the action for failure to prosecute.

IT IS SO ORDERED


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