Carter v. City of New York et al

Filing 56

MEMORANDUM DECISION AND ORDER: I affirm Judge Tiscione's discovery order in full. Ordered by Judge Ann M. Donnelly on 12/15/2016. (Greene, Donna)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X NOT FOR PUBLICATION MICHAEL CARTER, Plaintiff, MEMORANDUM DECISION AND ORDER CITY OF NEW YORK,POLICE OFFICER DARRELL WALLACE,POLICE OFFICER ABRAHAM HIDALGO,POLICE OFFICER 11 Civ.4026(AMD) (ST) AHMED,POLICE OFFICER CAROL PETINAUD, IN CLERK'S OFFICE us DISTRICT COURT E.D.N.Y. SERGEANT DANIELLE DAVIS,SERGEANT WIL PELLEGRINO,and SERGEANT lAMES -• DEC 1 HUDAK, Defendants. X ANN M.DONNELLY,District ludge. The pro se plaintiff, Michael Carter, appeals from Magistrate Judge Steven Tiscione's order denying his motion to compel document production more thantwo years after the close of discovery.' For the reasons that follow,I affirm Judge Tiscione's discovery order in full. The standard ofreview regarding a non-dispositive ruling by a magistratejudge is "highly deferential." Shipkevich v. Staten Island Univ. Hasp.,No.08-CV-1008 FB JMA,2012 WL 4442621,at *I(E.D.N.Y. Sept. 25,2012). The Court will only set aside an order 'that is clearly erroneous or is contrary to law."'Id.(citing 28 U.S.C.§ 636(b)(1)(A);Fed. R.Civ.P. 72(a); Thomas E. Hoar. Inc. v. Sara Lee Corp.,900 F.2d 522,525(2d Cir. 1990))."Magistrate judges have broad discretion in resolving discovery matters, and a party seeking to overtum a discovery order 'generally bears a heavy burden.'"Id (quoting Mental Disability Law Clinic v. .Discove.yendedonMay2,2014. (S..Minute En^.Febnia^ 28.20^ prooetol history of the case is set forth in my Order denying the plaintiffs motion to amend his complaint.(Dkt. No. .) s/Ann M. Donnelly

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