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Stevenson v. Rockefeller

April 27, 1979

MARION STEVENSON, PLAINTIFF-APPELLANT,
v.
HONORABLE NELSON A. ROCKEFELLER, ET AL., RESPONDENT-APPELLEES.



Appeal from the United States District Court for the Western District of New York.

Present: HONORABLE STERRY R. WATERMAN, HONORABLE WILFRED FEINBERG, HONORABLE WALTER R. MANSFIELD, Circuit Judges,

This cause came on to be heard on the transcript of record from the United States District Court for the Western District of New York, and was submitted by plaintiff-appellant pro se and by counsel for respondent-appellees.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is AFFIRMED.

Marion Stevenson appeals from a judgment of the district court dismissing his civil rights action for failure to prosecute. Appellant commenced the action in November 1971, seeking damages for the loss of personal property in the aftermath of the 1971 uprising at the Attica Correctional Facility. The suit was dismissed in December 1978.

Fed.R.Civ.P. 41(b) grants district courts discretion to dismiss actions for failure to prosecute and the dismissal will be reversed only for abuse of discretion. See Theilmann v. Rutland Hospital, Inc., 455 F.2d 853, 855 (2d Cir. 1972). We find no abuse of discretion in the district court's dismissal of this action, which lay dormant for almost seven years.

19790427

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