Opinion
9:03-CV-1330.
December 14, 2006
ASHTON GLENFORD MENDEZ, pro se, a/k/a Ashton Augustine, DIN#: 86071, York County Prison, York, Pennsylvania, Attorney FOR PETTIONER.
HON. GLENN T. SUDDABY, United States Attorney, PAULA RYAN CONAN, ESQ., Assistant U.S. Attorney, Syracuse, New York, Attorney FOR RESPONDENT.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 20th day of November, 2006. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED, that:
1. The Report-Recommendation is hereby approved.
2. This action is dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, based upon petitioner's failure to prosecute and to comply with this court's orders and local rules of practice.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED.