Opinion
9:20-CV-346 (TJM/DJS)
08-25-2022
KEVIN GERVASIO, Plaintiff, v. RICARDO DIAZ and ALEZ ROSA, Defendants.
DECISION AND ORDER
THOMAS J. McAVOY, Senior United States District Judge.
I. INTRODUCTION
This pro se civil rights action was referred to the Hon. Daniel J. Stewart, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and N.D.N.Y.72.3(c). Judge Stewart reviewed Defendants' Motion to Dismiss based on Plaintiff's failure to properly update his address and failure to prosecute. Dkt. No. 37.
Judge Stewart recommends that the motion be granted. See Report-Recommendation and Order, Dkt. No. 39. No objections to the Report-Recommendation and Order have been filed, and the time to do so has expired.
II. DISCUSSION
After examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice.
III. CONCLUSION
Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 39) for the reasons stated therein. Therefore, it is hereby
ORDERED that Defendants' Motion to Dismiss (Dkt. No. 37) is GRANTED; and it is further
ORDERED that Plaintiff's complaint (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.