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Elderkin v. Connor

United States District Court, N.D. New York

April 2, 2015

MARCUS ELDERKIN, Plaintiff,
v.
IAN CONNOR, Correctional Sergeant; and JUSTIN M. GECEWICZ, Correctional Sergeant, Defendants.

MARCUS ELDERKIN, Troy, NY, Plaintiff, pro se.

JAMES A. RESILA, ESQ., CARTER, CONBOY, CASE, BLACKMORE, MALONEY & LAIRD, P.C., Albany, NY, Attorneys for Defendants.

DECISION AND ORDER

DAVID N. HURD, District Judge.

Pro se plaintiff Marcus Elderkin filed this civil rights action pursuant to 42 U.S.C. § 1983. On March 11, 2015, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss for failure to prosecute and as a discovery sanction be granted and the complaint be dismissed in its entirety. No objections to the Report-Recommendation were filed.[1]

Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).

Therefore, it is

ORDERED that

1. Defendants' motion to dismiss for failure to prosecute and as a discovery sanction is GRANTED;

2. The complaint is DISMISSED in its entirety; and

3. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules, enter judgment accordingly, and close the file.

IT IS SO ORDERED.


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