Opinion
No. 9:08-CV-0037 (FJS) (DEP).
June 30, 2010
FOR PLAINTIFF: MILTON THOMPSON, Pro Se , 041-463-787, Buffalo Federal Detention Facility, Batavia, NY.
FOR DEFENDANTS: AARON M. BALDWIN, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, The Capitol, Albany, New York.
DECISION ORDER
Presently before the Court is Magistrate Judge David E. Peebles June 7, 2010 Report-Recommendation in which he recommends that plaintiff's complaint in this action be dismissed for failure to prosecute and to comply with the rules of this court. Magistrate Judge Peebles's Report-Recommendation was mailed to plaintiff's last known address, but was returned to the Clerk's Office marked, "Return to Sender — No Addressee," — "Not Deliverable As Addressed, Unable to Forward." Under Local Rule 41.2(b), failure to notify the Court of a change of address as required by Local Rule 10.1(b) may result in dismissal of the action. Therefore, in light of Plaintiff's failure to notify the Court of his change of address, the Court hereby
ORDERS that the Report-Recommendation filed by Magistrate Judge David E. Peebles on June 7, 2010 is ACCEPTED in its entirety for the reasons stated therein, and the Court further
ORDERS that plaintiff's complaint in this action is DISMISSED and the court further
ORDERS that the Clerk of the Court is to enter judgment in favor of defendants and close this case.