U.S. v. PALENCAR, 3:14-CV-733. (2014)
Court: District Court, N.D. New York
Number: infdco20141223e73
Visitors: 3
Filed: Dec. 22, 2014
Latest Update: Dec. 22, 2014
Summary: DECISION & ORDER THOMAS J. MCAVOY, Senior District Judge. I. INTRODUCTION This action was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge Peebles's Report and Recommendation [dkt. # 7] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Report and Recommendation is not sub
Summary: DECISION & ORDER THOMAS J. MCAVOY, Senior District Judge. I. INTRODUCTION This action was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge Peebles's Report and Recommendation [dkt. # 7] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Report and Recommendation is not subj..
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DECISION & ORDER
THOMAS J. MCAVOY, Senior District Judge.
I. INTRODUCTION
This action was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge Peebles's Report and Recommendation [dkt. # 7] have been filed, and the time to do so has expired.
II. DISCUSSION
After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice.
III. CONCLUSION
Accordingly, the Court ADOPTS the Report and Recommendation [dkt. #7] for the reasons stated therein. Based on Plaintiff's failure to arrange for service of process on Defendant, and in consideration of the factors relevant to dismissal under Rule 41(b) of the Federal Rules of Civil Procedure, the Plaintiff's complaint is DISMISSED, WITHOUT PREJUDICE, FOR FAILURE TO PROSECUTE.
IT IS SO ORDERED.
Source: Leagle
