Opinion
9:17-CV-156 (DNH/ATB)
03-23-2018
OWEN NICHOLS, Plaintiff, v. PATRICK J. ALLEN, Corrections Officer; KOREY S. BEZIO, Corrections Sergeant; WILLIAM J. LECLAIR, Corrections Sergeant; BRYAN D. MASON, Corrections Sergeant; DAVID J. MYATT, Corrections Officer; PATRICK CLANCY, Corrections Officer; MATTHEW LAFOUNTAIN, Corrections Officer; and CHRISTOPHER J. NICHOLS, Corrections Officer, Defendants.
APPEARANCES: OWEN NICHOLS Plaintiff pro se 13-A-3846 Downstate Correctional Facility Box F Fishkill, NY 12524 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 OF COUNSEL: WILLIAM A. SCOTT, ESQ. Ass't Attorney General
APPEARANCES: OWEN NICHOLS
Plaintiff pro se
13-A-3846
Downstate Correctional Facility
Box F
Fishkill, NY 12524 HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224 OF COUNSEL: WILLIAM A. SCOTT, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se plaintiff Owen Nichols brought this civil rights action pursuant to 42 U.S.C. § 1983. On March 1, 2018, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss for failure to prosecute and/or for sanctions pursuant to Federal Rule of Civil Procedure 37(b) be denied without prejudice.
Based upon a careful review of the Report-Recommendation, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
Defendants' motion to dismiss for failure to prosecute and/or for sanctions pursuant is DENIED without prejudice.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: March 23, 2018
Utica, New York.