Opinion
9:05-CV-1426 (FJS/RFT).
October 29, 2007
CHRISTOPHER MERCED, Plaintiff, Pro Se, 03-R-5410, Attica Correctional Facility, Attica, N.Y.
ROGER W. KINSEY, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, New York, New York.
DECISION ORDER
Presently before the Court is Magistrate Judge Randolph F. Treece's September 28, 2007 Report-Recommendation in which he recommends that Defendants' Motion For Summary Judgment be denied as to the claim of excessive force against Defendant Moylan, and granted as to all other claims against all Defendants, and the Court having reviewed the Report-Recommendation and the entire file in this matter and no objections to said Report-Recommendation having been filed, The Court hereby
The Court notes that, although the Clerk of the Court mailed Magistrate Judge Treece's Report-Recommendation to plaintiff's last known address, it was returned to the Clerk's Office marked: Return to Sender; Not Deliverable as Addressed; Unable to Forward. "Released." The Court advises plaintiff that, 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.
ORDERS, that the Report-Recommendation filed by Magistrate Judge Randolph F. Treece's September 28, 2007 is, for the reasons stated therein, ACCEPTED in its entirety; and the Court further
ORDERS, that Defendant's Motion for Summary Judgment is DENIED as to the claim of excessive force against Defendant Moylan, and GRANTED as to all other claims against all Defendants, and the Court further
ORDERS, that if Plaintiff does not notify the Court of his current address within thirty days of the filing of this Order, the Clerk of the Court shall enter judgment dismissing this action without prejudice, without further Order of this Court.