Desir v. DOCS et al, No. 9:2009cv00964 - Document 44 (N.D.N.Y 2012)
Court Description: DECISION and ORDER: The 42 Report and Recommendation is accepted in whole. ORDERED that 36 Motion to Dismiss is granted. Signed by Judge David N. Hurd on 2/3/12. {order served via regular mail on all non-ecf parties}(nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JEFFREY DESIR, Plaintiff, -v- 9:09-CV-0964 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION; BRIAN FISCHER; LEO BISCEGLIA; DEMMONS; FRECHETTE; LAW; BUCK; and CAPT. WOODRUFF, Defendants. -------------------------------APPEARANCES: OF COUNSEL: JEFFREY DESIR Plaintiff pro se 1601 Beverly Road, Apt. 1-G Brooklyn, NY 11226 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 MEGAN M. BROWN, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. ยง 1983. On January 4, 2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by ReportRecommendation, that defendants' motion pursuant to Federal Rule of Civil Procedure 37(b) to dismiss or strike the complaint as a sanction for plaintiff's failure to attend two scheduled depositions be granted. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo review, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Therefore it is ORDERED that Defendants' motion to dismiss is GRANTED. The Clerk is directed to file a judgment dismissing the complaint and close the file. IT IS SO ORDERED. Dated: February 3, 2012 Utica, New York. -2-
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