Burroughs v. Mitchell et al, No. 9:2018cv00679 - Document 33 (N.D.N.Y 2019)
Court Description: DECISION AND ORDER: The # 32 Report-Recommendation is accepted in whole. It is ORDERED that Defendants' # 31 motion to dismiss for failure to prosecute and as a discovery sanction is GRANTED; Plaintiff's # 1 Complaint is DISMISSED WITH PREJUDICE; and The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 9/30/2019. (Copy served via regular and certified mail)(meb)
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Burroughs v. Mitchell et al Doc. 33 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------LORCEN BURROUGHS, Plaintiff, -v- 9:18-CV-679 (DNH/ATB) WOODS, Sergeant, Clinton Correctional Facility; SHATTUCK, Corrections Sergeant, Upstate Correctional Facility; JANE DOE #3, Nurse, Upstate Correctional Facility; JOHN DOE #4, NYS Police Investigator; JOHN/JANE DOE #5, Corrections Officer, Emergency Response Younger Officer; JOHN DOE #6, Corrections Officer, Emergency Response Older Officer; and JOHN DOE #7, Investigator, Office of Special Investigations, Defendants. -------------------------------APPEARANCES: LORCEN BURROUGHS Plaintiff pro se 811 Carter Street Rochester, NY 14621 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 KONSTANDINOS D. LERIS, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge Dockets.Justia.com DECISION and ORDER Pro se plaintiff Lorcen Burroughs brought this civil rights action pursuant to 42 U.S.C. § 1983. On September 3, 2019, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss for failure to prosecute and as a discovery sanction be granted, and that plaintiff’s Complaint be dismissed in its entirety. No objections to the Report-Recommendation have been filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendants' motion to dismiss for failure to prosecute and as a discovery sanction is GRANTED; 2. Plaintiff's Complaint is DISMISSED WITH PREJUDICE; and 3. The Clerk is directed to enter judgment accordingly and close the file. Dated: September 30, 2019 Utica, New York. -2-
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