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Jeffrey Desir v. Department of Corrections and Community Supervision; Brian Fischer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 3, 2012

JEFFREY DESIR, PLAINTIFF,
v.
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION; BRIAN FISCHER; LEO BISCEGLIA; DEMMONS; FRECHETTE; LAW; BUCK; AND CAPT. WOODRUFF, DEFENDANTS.

The opinion of the court was delivered by: 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.

20120203

© 1992-2012 VersusLaw Inc.



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