Murray v. New York City Dept. of Corrections et al

Filing 31

MEMORANDUM DECISION AND ORDER: The plaintiff's case is dismissed for failure to prosecute. Ordered by Judge Ann M. Donnelly on 1/9/2017. (Greene, Donna)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X

JASON MURRAY,

Plaintiff,
MEMORANDUM DECISION AND

ORDER

- against 16-CV-0676(AMD)(SMG)
NEW YORK CITY DEPARTMENT OF

CORRECTIONS,OFFICER GAGEDEEN,
OFFICER SPEIGHT,OFFICER LEWIS,and

AREA CAPTAIN(NAME NOT KNOWN)

IN CLERK'S OFFICE

US DISTRICT COURT E.D.N.Y,

Shield # 11223,
Defendants.

,4r

JAM 0

2016

5

BROOKLYN OFFICE
ANN DONNELLY,District Judge.

The plaintiff brought this action against defendants New Yoik City Department of

Corrections, Officers Gagedeen, Speight and Lewis, and Area Captain(name not known)Shield
# 11223 on February 5,2016, alleging that the defendant officers used chemical agents to
obscure his vision and then assaulted him on November 21,2015, while he was incarcerated at

the Riker's Island Correctional Facility.(Dkt. No. 1.) In a Report and Recommendation issued
on December 23,2016, Magistrate Judge Steven L. Tiscione recommended that the plaintiffs
complaint be dismissed for failure to prosecute. No party has objected to Judge Tiscione's

Report and Recommendation within the time prescribed by 28 U.S.C. §636(b)(l).
In reviewing an R&R,a district court"may accept, reject, or modify,in whole or in part,
the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C).

Where, as here, no party has objected to the magistrate judge's recommendation,"a district court

s/Ann M. Donnelly