Reid v. Russell

District Court, N.D. New York

Reid v. Russell

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

JOSEPH JAMARD REID,

Plaintiff, 9:18-cv-0044 (BKS/DJS)

v.

C.O. RUSSELL, et al.,

Defendants.

Appearances: Plaintiff, pro se: Joseph Jamard Reid New York, NY 10035 For Defendants: Letitia James Attorney General of the State of New York Joshua E. McMahon Assistant Attorney General, of Counsel The Capitol Albany, NY 12224 Hon. Brenda K. Sannes, United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Joseph Jamard Reid, a New York State inmate, commenced this civil rights action asserting claims under

42 U.S.C. § 1983

arising out of his incarceration. (Dkt. Nos. 1, 7). On December 30, 2019, Defendants filed a motion to dismiss under Fed. R. Civ. P. 41(b) for lack of prosecution. (Dkt. No. 81). No response has been filed. This matter was referred to United States Magistrate Judge Daniel J. Stewart who, on February 12, 2020, issued a Report- Recommendation recommending that Defendants’ motion to dismiss for failure to prosecute be granted. (Dkt. No. 84). Magistrate Judge Stewart advised the parties that under

28 U.S.C. § 636

(b)(1), they had fourteen days within which to file written objections to the report, and that the failure to object to the report within fourteen days would preclude appellate review. (Dkt. No. 84, at 5). No objections to the Report-Recommendation have been filed. As the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen vy. Astrue,

2 F. Supp. 3d 223, 228-29

(N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety. For these reasons, it is ORDERED that the Report-Recommendation (Dkt. No. 84) is ADOPTED in its entirety; and it is further ORDERED that Defendants’ motion to dismiss for failure to prosecute (Dkt. No. 84) is GRANTED; and it is further ORDERED that the Amended Complaint (Dkt. No. 7) is DISMISSED; and it is further ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: March 16, 2020 Syracuse, New York

BrendaK.Sannes ss” U.S. District Judge

Reference

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