Murray v. New York City Dept. of Corrections et al, No. 1:2016cv00676 - Document 31 (E.D.N.Y. 2017)

Court Description: MEMORANDUM DECISION AND ORDER: The plaintiff's case is dismissed for failure to prosecute. Ordered by Judge Ann M. Donnelly on 1/9/2017. (Greene, Donna)
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Murray v. New York City Dept. of Corrections et al Doc. 31 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X JASON MURRAY, Plaintiff, MEMORANDUM DECISION AND ORDER - against 16-CV-0676(AMD)(SMG) NEW YORK CITY DEPARTMENT OF CORRECTIONS,OFFICER GAGEDEEN, OFFICER SPEIGHT,OFFICER LEWIS,and AREA CAPTAIN(NAME NOT KNOWN) IN CLERK'S OFFICE US DISTRICT COURT E.D.N.Y, Shield # 11223, Defendants. ,4r JAM 0 2016 BROOKLYN OFFICE ANN DONNELLY,District Judge. The plaintiff brought this action against defendants New Yoik City Department of Corrections, Officers Gagedeen, Speight and Lewis, and Area Captain(name not known)Shield # 11223 on February 5,2016, alleging that the defendant officers used chemical agents to obscure his vision and then assaulted him on November 21,2015, while he was incarcerated at the Riker's Island Correctional Facility.(Dkt. No. 1.) In a Report and Recommendation issued on December 23,2016, Magistrate Judge Steven L. Tiscione recommended that the plaintiffs complaint be dismissed for failure to prosecute. No party has objected to Judge Tiscione's Report and Recommendation within the time prescribed by 28 U.S.C. §636(b)(l). In reviewing an R&R,a district court"may accept, reject, or modify,in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). Where, as here, no party has objected to the magistrate judge's recommendation,"a district court s/Ann M. Donnelly