Griffith v. Police Detective John Doe 1 et al, No. 1:2010cv06066 - Document 36 (E.D.N.Y. 2011)
Court Description: MEMORANDUM DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, Griffith has failed to comply with this Court's sanction Order. I therefore adopt the 32 recommendations set forth in Judge Bloom's R&R and grant 31 Motion to Dismiss f or Lack of Prosecution. The Clerk of the Court is directed to enter judgment. The Court certifies pursuant to 28 USc sec. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. (Ordered by Judge Brian M. Cogan on 12/27/2011) c/m by chambers. Fwd. for Judgment. (Galeano, Sonia)
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FILEt UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------x JERIC GRIFFITH, Plaintiff, i r~ :0;;~~;~~~;1~~ BROOKLYN c: r , MEMORANDUM DECISION AND ORDER - against- 10-CV -6066 (BMC)(LB) DETECTIVE CHARLES STEWART SERGEANT ROBERT CABAN, CITY OF NEW YORK, and THE NYPD, Defendants. ----------------------------------------------------x Plaintiff Jeric Griffith, appearing prose, brought this action on December 28, 2010. On November 7, 2011, defendants moved to dismiss Griffith's complaint for lack of prosecution under Fed. R. Civ. P. 4l(b) or as a sanction under Fed. R. Civ. P. 37(b)(2)(A)(v) for repeatedly disobeying Magistrate Judge Bloom's discovery Orders. Judge Bloom authored a Report and Recommendation ("R&R") on November 10,2011, recommending dismissal of Griffith's complaint pnrsuant to Rule 37(b)(2)(A)(v). On December 5, 2011, I held that dismissal was not yet appropriate because it "remain[ed] possible that a lesser sanction may secure Griffith's cooperation." I therefore imposed a $350 monetary sanction on Griffith and explained that his case could continue to proceed before Judge Bloom only if he filed proof of this payment within fourteen days of my Order. I warned Griffith that Judge Bloom's R&R would be adopted, and Griffith's complaint dismissed entirely, if he failed to pay the monetary sanction. Griffith has failed to comply with this Court's sanction Order. I therefore adopt the recommendations set forth in Judge Bloom's R&R and grant the motion to dismiss. The Clerk of the Court is directed to enter judgment. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917 (1962). SO ORDERED, ___ /) Dated: Brooklyn, New York December 27, 2011 2
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