Citation Codes Equivalent Citations citation codes Docket Number 10 Civ. 1754 (SHS). See more information ... Smart Summary Please sign up to generate summary. DAVID R. LESPIER, Plaintiff, v. NEW YORK STATE ARMY NATIONAL GUARD, ET AL., Defendants. ORDER SIDNEY STEIN, District Judge On December 7, 2010, Magistrate Judge Ronald L. Ellis issued a Report and Recommendation recommending that this action be dismissed without prejudice for failure to prosecute. Objections to the Report and Recommendation were due on December 27, 2010. To date, the Court has received no objections from plaintiff. After a de novo review of the Report and Recommendation dated December 7, 2010, IT IS HEREBY ORDERED that Magistrate Judge Ellis' Report and Recommendation is adopted and this action is dismissed without prejudice for failure to prosecute. Dated: New York, New York January 3, 2011 SO ORDERED: