Opinion
06-CV-6898 (JS) (ETB).
May 14, 2008
For Plaintiff: Paul Henry, pro se, Five Points Correctional Facility, Romulus, NY.
For Defendants: Ralph J. Reissman, Esq., Nassau County Attorney's Office, Mineola, NY.
ORDER
Upon review of the Report and Recommendation ("Report") of Magistrate Judge E. Thomas Boyle issued April 22, 2008, to which no party has objected, the Court hereby ADOPTS the Report in its entirety.
Magistrate Judge Boyle's Report provided that any objections were to be filed with the Clerk of the Court within ten days of the date of the Report. The time for filing objections has expired and no party has objected. Accordingly, all objections are hereby deemed to have been waived.
The Court ADOPTS the Report in its entirety and ORDERS that this action be administratively CLOSED pending the outcome of Plaintiff's appeal of his robbery conviction to the Appellate Division, Second Department. Within 60 days of service of the Appellate Division's order deciding Plaintiff appeal, Plaintiff is ORDERED to notify this Court and request that this action be restored to the active docket. In the event Plaintiff fails to make such request within 60 days of service of the Appellate Division's order, this action will be dismissed with prejudice and without further notice.
The Clerk of the Court is directed to mark this matter administratively CLOSED.
SO ORDERED.