Douglas v. Patchen et al, No. 1:2014cv00482 - Document 123 (W.D.N.Y. 2020)
Court Description: DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's 122 Report and Recommendation. For the reasons set forth in Judge Roemer's Report and Recommendation, the case is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b) . The Clerk of Court shall take all steps necessary to close the case. A copy of the Decision and Order along with this entry will be mailed to pro se plaintiff. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/18/2020. (LAS)-CLERK TO FOLLOW UP-
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Douglas v. Patchen et al Doc. 123 Case 1:14-cv-00482-RJA-MJR Document 123 Filed 05/18/20 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK HOUSTON DOUGLAS, Plaintiff, DECISION AND ORDER 14-CV-482-A v. SERGEANT PATCHEN, et al., Defendants. This pro se civil rights case was referred to Magistrate Judge Michael J. Roemer pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On or about October 3, 2019, plaintiff Douglas was deported from the United States to Jamaica, West Indies. Dkt. 115, ¶¶ 13-16. On April 17, 2020, Magistrate Judge Roemer filed a Report and Recommendation (Dkt. No. 122), recommending that the case be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b) because plaintiff did not comply with an Order to Show Cause (Dkt. No. 117) addressing plaintiff’s inability to prosecute the case after his deportation. No objection to the Report and Recommendation has been filed. Upon review of the Report and Recommendation and the underlying record, it is hereby ORDERED, pursuant to 28 U.S.C. § 636(b)(1), for the reasons set forth in the Report and Recommendation (Dkt. No. 122), and because plaintiff Douglas did not show any progress toward being able to prosecute the case, see Dkt, Nos. 118-120, and did not seek additional time from the Court to do so, the case is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b). The Court carefully considered whether a Dockets.Justia.com Case 1:14-cv-00482-RJA-MJR Document 123 Filed 05/18/20 Page 2 of 2 lesser sanction would adequately address plaintiff’s conduct. The record of the proceedings before the Magistrate Judge show appropriate solicitude was extended to plaintiff, including specifically that reasonable efforts were made by the Magistrate Judge to permit the defendant to attempt to arrange to prosecute the case. But plaintiff neither addressed his inability to prosecute the case after his deportation in response to the Order to Show Cause nor sought additional time to do so. Further, plaintiff neither filed any objection to the Report and Recommendation that specifically recommends that dismissal of the case be with prejudice nor sought additional time to do so. In light of these circumstances, the Court dismisses the action with prejudice. It is finally ORDERED, that the Clerk shall enter Judgment in favor of defendants Sergeant Patchen, Officer O'Hara, Officer Hatch, Officer Gates, and Officer Fiddett, and shall close the case. IT IS SO ORDERED. s/Richard J. Arcara HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: May 18, 2020
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