McNair v. Wards Island DHS Police

Full title: LARRY McNAIR, Plaintiff, v. WARDS ISLAND DHS POLICE, et al., Defendants

Court: United States District Court, S.D. New York

Date published: Jan 25, 2006

03 Civ. 6628 (LTS) (RLE) (S.D.N.Y. Jan. 25, 2006)

Opinion

03 Civ. 6628 (LTS) (RLE).

January 25, 2006

REPORT AND RECOMMENDATION

RONALD ELLIS, Magistrate Judge

Plaintiff Larry McNair brings this pro se action under 42 U.S.C. § 1983 against multiple defendants alleging numerous civil rights violations. McNair filed the complaint on September 2, 2003, and the matter was referred to the undersigned for general pretrial purposes on March 5, 2004.

The record indicates that since May 3, 2004, there has been no activity in this case. The parties have not engaged in discovery, and have otherwise failed to litigate this matter. The Court, by Order dated January 3, 2006, directed McNair to contact the Court by January 13, 2006. The order was returned by the postal service as undeliverable. After counsel for defendants apprised the Court of McNair's current address, the Court sent a new Order, dated January 17, 2006, directing McNair to contact the Court. The Court reminded McNair that failure to contact the Court may result in judgment against him. McNair has failed to contact the Court, and to otherwise prosecute his case. In light of the prolonged period of inactivity in this case, and McNair's failure to contact the Court, I recommend that the Court dismiss the case against all defendants.

Pursuant to Rule 72, Federal Rules of Civil Procedure, the parties shall have ten (10) days after being served with a copy of the recommended disposition to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court and served on all adversaries, with extra copies delivered to the chambers of the Honorable Laura Taylor Swain, 40 Centre Street, Room 426, and to the chambers of the undersigned, 500 Pearl Street, Room 1970. Failure to file timely objections shall constitute a waiver of those objections both in the District Court and on later appeal to the United States Court of Appeals. See Thomas v. Arn, 474 U.S. 140, 150 (1985); Small v. Secretary of Health and Human Services, 892 F.2d 15, 16 (2d Cir. 1989) ( per curiam ); 28 U.S.C. § 636(b)(1) (West Supp. 1995); Fed.R.Civ.P. 72, 6(a), 6(e).