Opinion
No. 9:08-CV-1365 (FJS/ATB).
August 26, 2010
RICHARD SIPE, Plaintiff pro se, 09-B-0431, Great Meadow Correctional Facility, Comstock, NY.
AARON J. MARCUS, ESQ., Assistant Broome County Attorney, BROOME COUNTY ATTORNEY'S OFFICE, Edwin L. Crawford County Office Building, Binghamton, NY, Attorney for defendants.
ORDER
Currently before the Court is Magistrate Judge Andrew T. Baxter's Report-Recommendation filed August 4, 2010, in which he recommends that Defendants' motion for summary judgment be granted and the complaint be dismissed in its entirety. The Court having reviewed the Report-Recommendation and the entire file in this matter and no objections to said Report-Recommendation having been filed, The Court hereby ORDERS that Magistrate Judge Baxter's August 4, 2010 Report-Recommendation is ACCEPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further
ORDERS that Defendants' motion for summary judgment is GRANTED and the complaint is DISMISSED IN ITS ENTIRETY; and the Court further
The Court notes that the Clerk of the Court mailed Magistrate Judge Baxter's Report-Recommendation to Plaintiff's last known address, but that it was returned to the Clerk's Office marked, "RTS" — "Released 8/3/10." Under Local Rule 41.2(b), failure to notify the Court of a change of address as Local Rule 10.1(b) requires may result in dismissal of the action.
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and close this case; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.