Opinion
Civil Action No. 8:09-cv-403 (GLS/DRH).
May 22, 2009
KAMAL KARNA ROY, Plaintiff Pro Se, Saranac Lake, New York.
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed April 30, 2009. 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 April 30, 2009 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED, that Roy'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 Roy's failure to comply with the Court's April 8, 2009 order, and it is further
ORDERED, that the Clerk of the Court is directed to close this case, and it is further
ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.
IT IS SO ORDERED.
REPORT-RECOMMENDATION and ORDER
Plaintiff pro se Kamal Karna Roy ("Roy") commenced this action on April 6, 2009 under 42 U.S.C. § 1981 alleging violations of his civil rights. Docket No. 1. The complaint was incomprehensible. Id. In an order filed April 8, 2009, this Court directed Roy to file an amended complaint that fully complies with Fed.R.Civ.P. 8 and 10. Docket No. 3. On April 17, 2009, Roy filed an amended complaint that remained similarly incomprehensible. Docket No. 4. Accordingly, since this action cannot proceed in the absence of Roy's submission of a sufficient complaint, it is hereby
RECOMMENDED that Roy'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 Roy's failure to comply with the Court's April 8, 2009 order; and it is hereby ORDERED that the Clerk serve Roy with a copy of this order by regular mail.
Pursuant to 28 U.S.C. § 636(b)(1), the parties have ten days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN TEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993) (citing Small v. Secretary 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).