United States District Court, N.D. New York
April 2, 2015
MARCUS ELDERKIN, Plaintiff,
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.
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.
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
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.