Shipman v. Sterling Infosystems, Inc.

Full title: DENNIS SHIPMAN Plaintiff, v. STERLING INFOSYSTEMS, INC. Defendant

Court: United States District Court, N.D. New York

Date published: Dec 23, 2010

Civil Action No. 1:10-cv-1124 (GLS/DRH) (N.D.N.Y. Dec. 23, 2010)

Opinion

Civil Action No. 1:10-cv-1124 (GLS/DRH).

December 23, 2010

DENNIS SHIPMAN, Plaintiff pro se, Newburgh, New York.

ORDER

GARY SHARPE, Magistrate Judge

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed November 23, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed November 23, 2010 (Dkt. No. 5) is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that Shipman's complaint is DISMISSED in its entirety without prejudice pursuant to Fed.R.Civ.P. 16(f)(1)(C) and 37(b)(2)(A)(v) for Shipman's failure to comply with the Court's September 24, 2010 order; and it is further

ORDERED, that the Clerk of the court serve a copy of this order upon the parties by regular mail.

IT IS SO ORDERED.

Dated: December 23, 2010 Albany, New York

REPORT-RECOMMENDATION and ORDER

Plaintiff pro se Dennis Shipman ("Shipman") commenced this action on September 20, 2010 under 42 U.S.C. § 1983 alleging violations of his civil rights. Dkt. No. 1. The complaint fails to satisfy the basic pleading requirements established by the Federal Rules of Civil Procedure, In an order filed September 24, 2010, this Court directed Shipman to file an amended complaint that fully complies with Fed.R.Civ.P. 8 and 10. Dkt. No. 4. Shipman has failed to file an amended complaint. Accordingly, since this action cannot proceed in the absence of Shipman's submission of a sufficient complaint, it is hereby

RECOMMENDED that Shipman's complaint be DISMISSED in its entirety without prejudice pursuant to Fed.R.Civ.P. 16(f)(1)(C) and 37(b)(2)(A)(v) for Shipman's failure to comply with the Court's September 24, 2010 order; and it is hereby ORDERED that the Clerk serve Shipman with a copy of this report-recommendation by regular mail and certified mail.

Pursuant to 28 U.S.C. § 636(b)(1), the parties may lodge written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court "within fourteen (14) days after being served with a copy of the . . . recommendation." N.Y.N.D.L.R. 72.1(c) (citing 28 U.S.C. § 636(b)(1)(B)-(C)). FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993); Small v. Sec'y of HHS, 892 F.2d 15 (2d Cir. 1989); 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72, 6(a), 6(e).

Dated: November 22, 2010 Albany, New York