Opinion
9:15-CV-0513 (BKS/DJS)
09-21-2016
JOSEPH R. GOURD, Plaintiff, v. WASHINGTON COUNTY, NEW YORK, et al, Defendants.
Appearances: Joseph R. Gourd Ballston Spa, NY 12020 Plaintiff, pro se Bradley J. Stevens, Esq. Gregg T. Johnson, Esq. Lemire, Johnson & Higgins, LLC P.O. Box 2485 2534 Route 9 Malta, NY 12020 Attorney for Defendants
Appearances:
Joseph R. Gourd
Ballston Spa, NY 12020
Plaintiff, pro se Bradley J. Stevens, Esq.
Gregg T. Johnson, Esq.
Lemire, Johnson & Higgins, LLC
P.O. Box 2485
2534 Route 9
Malta, NY 12020
Attorney for Defendants Hon. Brenda K. Sannes, United States District Judge :
MEMORANDUM-DECISION AND ORDER
Plaintiff Joseph R. Gourd, a former New York State inmate, commenced this action alleging that the Defendants violated his rights under the Eighth Amendment by failing to prevent and timely stop an assault and battery upon Plaintiff by another inmate. Dkt. No. 1-1. On January 15, 2016, Defendants filed a motion to dismiss under Fed. R. Civ. P. 41 for failure to prosecute. Dkt. No. 20. Plaintiff did not respond to Defendants' motion. On February 8, 2016 a notice that had been mailed to Plaintiff was returned to the Court as undeliverable. Dkt. No. 23.
This matter was referred to United States Magistrate Judge Daniel J. Stewart who, on September 2, 2016, issued a Report-Recommendation and Order recommending that Defendants' motion to dismiss be granted and this action be dismissed. Dkt. No. 24. Magistrate Judge Stewart advised the parties that under 28 U.S.C. § 636(b)(1), they had fourteen days within which to file written objections to the report, and that the failure to object to the report within fourteen days would preclude appellate review. Dkt. No. 24, pp. 5-6. No objections to the Report-Recommendation have been filed.
As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee's note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Report-Recommendation is adopted in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 24) is ADOPTED in its entirety; and it is further
ORDERED that Defendants' motion to dismiss for failure to prosecute (Dkt. No. 20) is GRANTED and this action is DISMISSED; and it is further
ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules.
IT IS SO ORDERED.
Dated: September 21, 2016
/s/_________
Brenda K. Sannes
U.S. District Judge