Opinion
9:10-CV-1051 (NAM/RFT)
02-13-2013
WILLIAM PRAILEAU, Plaintiff, v. PETER HILLS, Correctional Officer at Cape Vincent Correctional Facility, Defendant.
William Praileau Plaintiff, Pro Se Hon. Eric T. Schneiderman, Attorney General of the State of New York Roger W. Kinsey, Esq., Assistant New York State Attorney The Capitol Attorney for Defendants
APPEARANCES: William Praileau
Plaintiff, Pro Se
Hon. Eric T. Schneiderman, Attorney General of the State of New York
Roger W. Kinsey, Esq., Assistant New York State Attorney
The Capitol
Attorney for Defendants
Hon. Norman A. Mordue, U.S. District Judge:
MEMORANDUM-DECISION AND ORDER
Peter Hills, the sole remaining defendant in this pro se civil rights action brought by a former inmate of the New York State correctional system, moves to dismiss the action for plaintiff's refusal to submit to court-ordered deposition. Fed.R.Civ.P. 37(b)(2)(v). Upon referral pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge Randolph F. Treece submitted a Report and Recommendation (Dkt. No. 35) reviewing the facts, analyzing the relevant factors, and recommending that the dismissal motion be granted.
Plaintiff has filed an objection (Dkt. No. 36). Upon de novo review pursuant to 28 U.S.C. § 636(b)(1)(C), the Court agrees with and adopts the Report and Recommendation. Plaintiff's objection does not dispute Magistrate Judge Treece's factual recitation or legal analysis. Plaintiff raises no issue warranting denial of defendant's motion. Accordingly, the action is dismissed.
It is therefore
ORDERED that the Report and Recommendation (Dkt. No. 35) is accepted; and it is further
ORDERED that the motion to dismiss (Dkt. No. 30) is granted; and it is further
ORDERED that the Clerk of the Court is directed to serve copies of this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York.
IT IS SO ORDERED. Date: February 13, 2013
Syracuse, New York
______________________
Honorable Norman A. Mordue
U.S. District Judge