Opinion
9:17-CV-1312 (DNH/ML)
01-06-2020
CARLOS ABREU, Plaintiff, v. JUSTIN J. THOMAS, Superintendent, Marcy Correctional Facility; and SEAN P. WIGGINS, Correction Officer, Marcy Correctional Facility, Defendants.
APPEARANCES: CARLOS ABREU Plaintiff, Pro Se (last known address) 046 046 276 Buffalo Federal Detention Facility 4250 Federal Drive Batavia, NY 14020 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 OF COUNSEL: ERIK BOULE PINSONNAULT, ESQ. Ass't Attorney General
APPEARANCES: CARLOS ABREU
Plaintiff, Pro Se
(last known address)
046 046 276
Buffalo Federal Detention Facility
4250 Federal Drive
Batavia, NY 14020 HON. LETITIA JAMES
Attorney General for the State of New York
Attorney for Defendant
The Capitol
Albany, NY 12224 OF COUNSEL: ERIK BOULE PINSONNAULT, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Carlos Abreu brought this civil rights action pursuant to 42 U.S.C. § 1983. On October 15, 2019, the Honorable Miroslav Lovric, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss be granted and that plaintiff's Complaint be dismissed in its entirety. No objections to the Report-Recommendation have been filed.
The Report-Recommendation, mailed to Abreu's address at the Buffalo Federal Detention Facility, was returned as undeliverable. ECF No. 59. The envelope reads "gone". --------
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion to dismiss is GRANTED;
2. Plaintiff's Complaint is DISMISSED; and
3. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: January 6, 2020
Utica, New York.