Summary
finding that the plaintiff continuing "to work in labor intensive jobs . . . contradicts contentions that his pain interfered with activities of daily living"
Summary of this case from Sampel v. Livingston Cnty.Opinion
9:08-CV-0371.
March 9, 2010
FRED POWELL, Plainfiff, pro se.
JAMES SEAMAN, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, The Capitol, Albany, New York, Attorney for Defendants.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 17th day of February 2010. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
Such Report-Recommendation, which was mailed to plaintiff's last known residence, was returned to the Court as undeliverable to plaintiff at such address. See docket no. 44.
Additionally, plaintiff was previously advised by the Court that plaintiff was required to promptly notify the Clerk's Office of any change in his address, and that failure to keep such office apprised of his current address would result in the dismissal of the instant action. See docket no. 7.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The defendants' motion for summary judgment (docket no. 40) is granted and that judgment be entered as to all defendants on all claims.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.