Opinion
9:07-CV-0772 (FJS/GHL).
October 15, 2008
DONNELL HARRIS, Plaintiff, pro se, 05-R-2325, Upstate Correctional Facility, Malone, NY.
James B. McGowan, Esq., HON. ANDREW M. CUOMO, Attorney General of the, State of New York, Attorney for Defendants, Department of Law, The Capitol, New York, New York.
DECISION AND ORDER
Presently before the Court is Magistrate Judge George H. Lowe's September 26, 2008 Report-Recommendation in which he recommends that Court GRANT defendants' motion to dismiss for failure to comply with the procedural rules and an Order of the Court. Magistrate Judge Lowe's Report-Recommendation was mail to the plaintiff's last known address, but was returned to the Clerk's Office marked "Return to Sender — Discharged." Under Local Rule 41.2(b), failure to notify the Court of a change of address as required by Local Rule 10.1(b) may result in dismissal of the action. Therefore, in light of plaintiff's failure to notify the Court of his change of address, the Court hereby
ORDERS that the Report-Recommendation filed by Magistrate Judge George H. Lowe on September 26, 2008 is ACCEPTED in its entirely for the reasons stated therein, and the Court further
ORDERS that defendants' motion to dismiss for failure to comply with the procedural rules and an Order of this Court, is GRANTED, and the Court further
ORDERS that the Clerk of the Court enter judgment in favor of the defendants and close this case.