Green v. Rodgers et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATION: Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton , 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it is hereby ORDERED that Green's action be dismissed without prejudice pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure. The Clerk of Court is respectfully directed to enter judgment, mail a copy of this Memorandum and Order and the accompanying judgment to plaintiff Warren Green, pro se, note the mailing on the docket, and close this case. Ordered by Judge Roslynn R. Mauskopf on 3/31/2017. (Taronji, Robert)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

------------------------------------------------------------------)(
WARREN GREEN,
Plaintiff,
- against -

ORDER ADOPTING
REPORT AND RECOMMENDATION
I 5-CV-2260 (RRM) (PK)

OFFICER RODGERS and DEPUTY LEMON,
Defendants.

------------------------------------------------------------------)(
ROSLYNN R. MAUSKOPF, United States District Judge.
Plaintiff Warren Green, prose, commenced this action pursuant to 42 U.S.C. § 1983
against defendants identified in the answer as Corrections Officer Robert Rodgers and Warden
Charlton Lemon (collectively, the "Defendants"). (See Campi. (Doc. No. l ) at 4-5; Answer
(Doc. No. 18) at 1.) Green alleges that on January 3, 2015 and January 7, 20 15, while he was
housed at the Otis Bantum Correctional Center (the "OBCC") on Rikers Island, Green requested
access to his asthma pump due to problems breathing after fires broke out at the OBCC. (See
Campi. at 4.) Green claims that Defendants denied him access to the medication, and in so
doing, violated his civil rights. (See id.)
On June 1, 2016, Defendants filed a motion to dismiss Green's complaint for failure to
prosecute, pursuant to Federal Rule of Civil Procedure (" Rule") 41 (b ). (See Defs.' Mot. (Doc.
No. 34).) On June 2 1, 2016, the magistrate judge assigned to this case, the Honorable Peggy
Kuo, reminded Green that if he failed to comply with his discovery obli gations by July 20, 2016,
she would recommend that this action be dismissed for failure to prosecute. (See Min. Entry
6/21 / 16 (Doc. No. 38).)
On March 15, 2017, Judge Kuo issued a Report and Recommendation ('·R&R"), a copy
of which was mailed to Green and his wife via Federal Express, recommending that Green's

action be dismissed without prejudice pursuant to Rule 4l (b). (See R&R (Doc. N o. 52).) Judge
Kuo reminded the parties that, pursuant to Rule 72(b), any obj ections to the R&R must be filed
by March 30, 20 17. (R&R at 14.) The date to file objections has passed, and no party has fi led
any objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civi l Procedure 72, the Court has
reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See

Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E. D.N.Y. 2007).
Accordingly, it is hereby ORDERED that Green ' s action be dismissed without prejudice
pursuant to Rule 41 (b) of the Federal Rules of Civ il Procedure.
T he Clerk of Court is respectfully directed to enter judgment, mail a copy of this
Memorandum and Order and the accompanying judgment to plaintiff Warren Green, pro se, note
the mailing on the docket, and close this case.

SO ORDERED.

'Ros{ynn 'R. Mauskoyf
Dated: Brooklyn, New York
March 31 , 201 7
ROSL YNN R. MAUSKOPF
United States District Judge

2