Taype-Miranda v. Cruz et al
| Ernesto Taype-Miranda |
| Cruz, G.R.V.C. & Unknown Corr. Officer who conducted TSO Search of Plaintiffs Cell, The City of New York and New York City Department of Corrections (NYCDOC), et al |
| 1:2010cv07770 |
| October 12, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Paul A. Crotty |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
47
ORDER ADOPTING R & R for 46 Report and Recommendations. Plaintiff Ernesto Taype-Miranda, proceeding pro se, initiated the instant action on October 8, 2010. The case was referred to Magistrate Judge Kevin Nathaniel Fox on October 20, 2010. As set out in Magistrate Judge Foxs Report and Recommendation (R&R) and Order of April 11, 2013, Plaintiff was repeatedly ordered to effectuate proper service on Defendants but failed to do so. The April 11, 2013 Order also instructed Plaintiff to show caus e why the amended complaint should not be dismissed for Plaintiffs failure to submit proof of service by April 25, 2013. Plaintiff failed to comply, and, accordingly, Magistrate Judge Fox issued the R&R on May 8, 2013, recommending that the amended c omplaint be dismissed, without prejudice, pursuant to Fed. R. Civ. P. 4(m). Plaintiff has not filed any objections to the R&R. Having reviewed the R&R for clear error, see Wilds v. UPS, 262 F. Supp. 2d 163, 169 (S.D.N.Y. 1991), and finding none, it is hereby adopted in its entirety. Pursuant to 28 U.S.C. 1915(a), I find that any appeal from this order would not be taken in good faith. Accordingly, the amended complaint is dismissed, without prejudice. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/16/2013) Copies Mailed By Chambers. (rsh)
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