Banks v. Rock, et al, No. 9:2013cv01500 - Document 73 (N.D.N.Y 2016)
Court Description: DECISION AND ORDER: Based upon a de novo review of the Report-Recommendation, the 72 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that defendants' motion to dismiss plaintiff's action as a sanctio n for failing to participate in his deposition, pursuant to Fed. R. Civ. P. 37 (ECF No. 71 ) be GRANTED, and the complaint is DISMISSED WITH PREJUDICE. ORDERED, that the Clerk of the Court shall enter judgment and close this case. Signed by Judge David N. Hurd on 3/30/16. (served on plaintiff by regular mail) (alh, )
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Banks v. Rock, et al Doc. 73 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------EDWIN BANKS, Plaintiff, -v- 9:13-CV-1500 (DNH/ATB) D. ROCK, E. MARSHALL, B. PAGE, and HIDE, Defendants. -------------------------------APPEARANCES: OF COUNSEL: EDWIN BANKS Plaintiff pro se 03-B-1574 Attica Correctional Facility Box 149 Attica, NY 14011 New York State Attorney General Attorneys for Defendants The Capitol Albany, NY 12224 Rachel M. Kish, Esq. DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Edwin Banks brought this civil rights action, alleging various constitutional violations. On March 8, 2016, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss plaintiff's action as a sanction for failing to participate in his deposition, pursuant to Federal Rule of Civil Procedure 37, and the complaint be dismissed in its entirety. See ECF No. 72. Neither party filed objections to the Report-Recommendation. Dockets.Justia.com Based upon a de novo review of the Report-Recommendation, the ReportRecommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1). Therefore, it is ORDERED that: 1. Defendants' motion to dismiss plaintiff's action as a sanction for failing to participate in his deposition, pursuant to Fed. R. Civ. P. 37 (ECF No. 71) be GRANTED, and the complaint is DISMISSED WITH PREJUDICE; and 2. The Clerk serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. The Clerk of the Court shall enter judgment and close this case. IT IS SO ORDERED. Dated: March 30, 2016 Utica, New York -2-
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