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DONNELL HARRIS, Plaintiff, v. S. THOMPSON, Sergeant, Upstate C.F.; PERRY, Corr. Officer, Upstate C.F.; BUCKLEY, Corr. Officer, Upstate C.F.; R. MacWILLIAMS, Corr. Officer, Upstate C.F.; T. CHARLAND, Corr. Officer, Upstate C.F., Defendants.

DECISION AND ORDER

FREDERICK SCULLIN JR., Chief Judge

Presently before the Court is Magistrate Judge George H. Lowe's September 26, 2008 Report-Recommendation in which he recommends that Court GRANT defendants' motion to dismiss for failure to comply with the procedural rules and an Order of the Court. Magistrate Judge Lowe's Report-Recommendation was mail to the plaintiff's last known address, but was returned to the Clerk's Office marked "Return to Sender — Discharged." 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. Therefore, in light of plaintiff's failure to notify the Court of his change of address, the Court hereby

ORDERS that the Report-Recommendation filed by Magistrate Judge George H. Lowe on September 26, 2008 is ACCEPTED in its entirely for the reasons stated therein, and the Court further

ORDERS that defendants' motion to dismiss for failure to comply with the procedural rules and an Order of this Court, is GRANTED, and the Court further

ORDERS that the Clerk of the Court enter judgment in favor of the defendants and close this case.

IT IS SO ORDERED.

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HARRIS v. THOMPSON
(Oct 15, 2008)