Opinion
9:09-CV-0964
02-03-2012
JEFFREY DESIR, Plaintiff, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION; BRIAN FISCHER; LEO BISCEGLIA; DEMMONS; FRECHETTE; LAW; BUCK; and CAPT. WOODRUFF, Defendants.
JEFFREY DESIR Plaintiff pro se OF COUNSEL: HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant
APPEARANCES:
JEFFREY DESIR
Plaintiff pro se
OF COUNSEL:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendant
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. § 1983. On January 4, 2011, the Honorable George H. Lowe, United States Magistrate Judge, advised, by Report-Recommendation, 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.
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United States District Judge