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Powell v. C.O. Conceptional

United States District Court, S.D. New York

June 9, 2015

DANIEL POWELL, JR., Plaintiff,
v.
C.O. CONCEPTIONAL, Defendant.

MEMORANDUM DECISION AND ORDER

GEORGE B. DANIELS, District Judge.

Pro se Plaintiff Daniel Powell, Jr. brings this action against Defendant C.O. Conceptional, [1] alleging civil rights violations under 42 U.S.C. § 1983. ( See Second Am. Compl., ECF No. 25.) Plaintiff seeks $500 million in damages "for desecration of [his] Rights and Religion" by the Defendant, who allegedly confiscated Plaintiff's Koran. (Id. §§ IID, V.) By letter dated April 6, 2015, Defendant's counsel advised the Court that, "despite the further information provided by Plaintiff about a C.O. Conceptional, ' and after reasonable efforts, [the] DOC is unable to identify this individual." (ECF No. 35.) On April 7, 2015, Magistrate Judge Andrew J. Peck ordered Plaintiff to provide a response by April 21, 2015, and that, "[a]bsent further information to allow [Defendant] C.O. Conceptional' to be identified, the Court will have no choice but to dismiss the case without prejudice." (ECF No. 36.) Because Plaintiff never responded to the April 7, 2015 Order, Defendant's counsel filed a letter request to dismiss this action. (ECF No. 37.) Before this Court is Magistrate Judge Peck's May 22, 2015 Report and Recommendation ("Report") in which he recommended that this Court dismiss this case without prejudice. (ECF No. 38.)

Magistrate Judge Peck advised Plaintiff that he had fourteen days to file an objection to the Report; however, no objection was filed by this deadline. ( See id. ) Having reviewed the Report for clear error, [2] this Court adopts the Report's recommendation in full. This case is hereby DISMISSED without prejudice.

SO ORDERED.


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