Walker v. Ball, 9:16-CV-437 (DNH/DJS). (2018)
Court: District Court, N.D. New York
Number: infdco20180321e99
Visitors: 24
Filed: Mar. 20, 2018
Latest Update: Mar. 20, 2018
Summary: DECISION and ORDER DAVID N. HURD , District Judge . Pro se plaintiff Eric Walker, also known as Eric Qwasim Z Walker, also known as Eric Z Q Walker, brought this civil rights action pursuant to 42 U.S.C. 1983. On February 16, 2018, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's amended complaint be dismissed in its entirety pursuant to Federal Rule of Civil Procedure 41 based on plaintiff's failure to prosecute this
Summary: DECISION and ORDER DAVID N. HURD , District Judge . Pro se plaintiff Eric Walker, also known as Eric Qwasim Z Walker, also known as Eric Z Q Walker, brought this civil rights action pursuant to 42 U.S.C. 1983. On February 16, 2018, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's amended complaint be dismissed in its entirety pursuant to Federal Rule of Civil Procedure 41 based on plaintiff's failure to prosecute this a..
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DECISION and ORDER
DAVID N. HURD, District Judge.
Pro se plaintiff Eric Walker, also known as Eric Qwasim Z Walker, also known as Eric Z Q Walker, brought this civil rights action pursuant to 42 U.S.C. § 1983. On February 16, 2018, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's amended complaint be dismissed in its entirety pursuant to Federal Rule of Civil Procedure 41 based on plaintiff's failure to prosecute this action, or in the alternative, that defendants' unopposed motion for summary judgment be granted. No objections to the Report-Recommendation were filed. The Report-Recommendation mailed to plaintiff's last known address was returned as undeliverable. To date, no response to defendants' motion for summary judgment has been received nor any notification that plaintiff changed his address. The court's last communication from plaintiff was in May 2017.
Based upon a careful review of the Report-Recommendation, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. This action is DISMISSED pursuant to Federal Rule of Civil Procedure 41 for failure to prosecute; and
2. Defendants' motion for summary judgment is DENIED as moot.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
Source: Leagle
