Opinion
9:12-CV-0610 (DNH/RFT)
07-02-2014
RALPH BUCK PHILLIPS, Plaintiff, v. M. LaMOUNTAIN, Correction Officer, Clinton Correctional Facility, C. DELUTIS, Sergeant (SHU), Clinton Correctional Facility, J. LUDWIG, Sergeant, Clinton Correctional Facility, M. LaFOUNTAIN, Correction Officer, Clinton Correctional Facility, J. FARRELL, Correction Officer, Clinton Correctional Facility, A. FRENYA, Correction Officer, Clinton Correctional Facility, C. GADWAY, Correction Officer, Clinton Correctional Facility, BEZIO, Correction Officer, Clinton Correctional Facility, LeCLAIRE, Correction Officer, Clinton Correctional Facility, SEAN LILLEDAHL, Correction Officer, Clinton Correctional Facility, MORROW, Correction Officer, Clinton Correctional Facility, Defendants.
RALPH BUCK PHILLIPS Plaintiff, Pro Se Upstate Correctional Facility HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorneys for Defendants LAURA A. SPRAGUE, ESQ. Ass't Attorney General
APPEARANCES: RALPH BUCK PHILLIPS
Plaintiff, Pro Se
Upstate Correctional Facility
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorneys for Defendants
OF COUNSEL: LAURA A. SPRAGUE, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On June 10, 2014, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion pursuant to Federal Rules of Civil Procedure 37(b) and 41(b) be granted and that plaintiff's complaint be dismissed. No objections to the Report-Recommendation were filed.
The Report-Recommendation was returned to the Court as undeliverable. The envelope indicates that it was refused twice by plaintiff. ECF No. 48.
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. Defendant's motion pursuant to Federal Rules of Civil Procedure 37(b) and 41(b) is GRANTED;
2. Plaintiff's complaint is DISMISSED in its entirely; and
3. The Clerk is directed to enter judgment accordingly and close the file.
The Clerk is directed to serve a copy of this Decision and Order on the parties in accordance with the Local Rules.
IT IS SO ORDERED. Dated: July 2, 2014
Utica, New York.
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United States District Judge