Kilmartin v. Schaffer, et al
| Myron J. Kilmartin |
| Schaffer and Shang |
| 9:2012cv01167 |
| July 20, 2012 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Montgomery |
| David R. Homer |
| Frederick J. Scullin |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
23
ORDER: ORDERS that Magistrate Judge Hummel's October 9, 2013 22 Report- Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendant's 18 motion for summary judgment is DENIED; and the Court further ORDERS that, if Plaintiff does not notify the Court and opposing counsel, in writing, of his current address within thirty (30) days of the date of this Order, the Court will dismiss this case for failure to p rosecute and for failure to notify the Court and opposing counsel of a change of address in accordance with L.R. 10.1(c)(2) and this Court's September 10, 2012 Memorandum-Decision and Order. See Dkt. No. 7, Memorandum-Decision and Order dated September 10, 2012, at 7 ("Plaintiff is also required to promptly notify, in writing, the Clerk's Office and all parties or their counsel of any change in Plaintiff's address; his failure to do so may result in the dismissal of this action."); and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules. Signed by Senior Judge Frederick J. Scullin, Jr on 11/1/2013. (ptm) (Copy served on plaintiff by regular mail)
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