UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
February 3, 2012
JEFFREY DESIR, PLAINTIFF,
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.
© 1992-2012 VersusLaw Inc.