Washington v. Sposato et al
Filing
102
MEMORANDUM AND ORDER - Judge Wall's R&R is ADOPTED in its entirety. Case numbers 13-CV-5445 and 12-CV-1452 shall be consolidated and the separate complaints shall be treated as one amended complaint. The parties are directed to make all filings in the earliest filed case, 12-CV-1452. The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to pro se Plaintiff and mark case number 13-CV-5445 CLOSED. So Ordered by Judge Joanna Seybert on 9/29/2014. C/M; C/ECF (Valle, Christine)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------X
JEROME WASHINGTON,
Plaintiff,
-against-
MEMORANDUM & ORDER
12-CV-1452(JS)(SIL)
MICHAEL SPOSATO, UNDER SHERIFF HESS,
CAPTAIN MICHAEL ADAMS, CAPTAIN SMITH,
III, Shield 1b, CAPT. FORD, C.O.
CAMBRIDGE, CORPORAL MCGINNIS,
CORPORAL VON HOTTEN, C.O. LAWRENCE
PETTE, C.O. STEPHEN COUGHLIN, SGT.
FERRY, SGT. SIMPSON, Shield 103,
SGT. DRAKE, C.O. KENNEDY, C.O. IMHOF,
P.A./NURSE HUMPHRIES, SGT. GORA,
Shield # 112, CAPT. ROGERS, C.O. PICCOLI,
THEODORE KAY NJEMANJYI, CPL. LANDING,
SGT. MCGOVERN, Shield # 110, SGT.
MCNAMARA, C.O. INCAMMACIA, Shield #2723,
SGT. O’CONNOR, C.O. MCFIGUE, C.O.
MANIKOWKI, C.O. HENSHAW, UNDER SHERIFF
BOUDERIS, LT. HARTLING, SGT. SHIMMEL,
SGT. SHERRON, SGT. CALLAHAN, SGT. TOBIN,
Shield 1012, SGT. EDMOND, JOHN DOE,
Badge No. 221, C.O. GROSS, C.O. MORHMAN,
C.O. NOSTRADAMUS, C.O. GIARDINO, C.O.
INGRAM, C.O. ACCORDINE, C.O. ARAMANI,
C.O. CURCIO, C.O. RANT, C.O. TORCHIA,
C.O. MCCAFFERTY, C.O. DOUGHERTY, C.O.
MCKENNA, SGT. BRAXTON, SGT. CINTRON,
SGT. HEINZ, and SGT. FERRY, Shield # 24,
Defendants.
--------------------------------------X
JEROME WASHINGTON,
Plaintiff,
-againstMICHAEL SPOSATO, UNDER SHERIFF HESS,
CAPTAIN MICHAEL ADAMS, CAPTAIN SMITH,
III, C.O. HENSON, C.O. BONIFACE, C.O.
MCTIGUE, JOHN & JANE DOES,
Defendants.
-----------------------------------------X
13-CV-5445(JS)(SIL)
APPEARANCES
For Plaintiff:
Jerome Washington, pro se
2182 Mona Lisa Drive
Montgomery, AL 36111
For Defendants
C.O. ACCORDINE:
Andrew Kenneth Preston, Esq.
Bee Ready Fishbein Hatter & Donovan LLP
170 Old Country Road
Mineola, NY 11501
Docket No. 13-5445
Michael Sposato,
Under Sheriff Hess,
Capt. Smith, III,
C.O. Henson, C.O.
Boniface, and
C.O. McTigue:
Richard John Femia, Esq.
Nassau County Attorney’s Office
1 West Street
Mineola, NY 11501
SEYBERT, District Judge:
Currently pending before the Court is Magistrate Judge
William D. Wall1’s Report and Recommendation (“R&R”) recommending
that
this
action
be
consolidated
with
12-CV-1452.
For
the
following reasons, the Court ADOPTS this R&R in its entirety.
BACKGROUND
Pro
se
plaintiff
Jerome
Washington
(“Plaintiff”)
commenced this action on September 27, 2013 against defendants
Michael
Sposato;
Under
Sheriff
Hess;
Capt.
Smith,
III;
C.O.
Henson; C.O. Boniface; C.O. McTigue; and John and Jane Does
(collectively
Defendants
“Defendants”)
assaulted
him
in
alleging,
inter
alia,
the
County
Correctional
Nassau
that
Magistrate Judge Steven I. Locke has since been assigned as the
magistrate in this action.
2
1
Center on February 14, 2013 causing severe injuries.
(Compl. at
52.)
Similarly,
Plaintiff
previously
commenced
an
action
before this Court on March 22, 2012 under Docket Number 12-CV1452.
The Amended Complaint in that action alleges a series of
constitutional
violations
Nassau
Correctional
County
against
various
Center,
defendants
including
herein and numerous physical assaults.
some
at
the
Defendants
(See Case No. 12-CV-
1452, Docket Entry 15.)
In an electronic Order dated May 1, 2014, Judge Wall
considered and denied consolidation of Plaintiff’s two actions.
On July 7, 2014, however, Judge Wall indicated in a Pre-Trial
Order that he would reconsider the issue of consolidation at a
later conference.
Judge Wall then held a conference on July 29,
2014, during which he found that Plaintiff’s actions should be
consolidated.
24.)
On
(See July 30, 2014 Pre-Trial Order, Docket Entry
July
30,
2014,
recommending consolidation.
Judge
Wall
issued
a
formal
R&R
(See Docket Entry 25.)
DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,
or
modify,
recommendations
§ 636(b)(1)(C).
made
in
by
whole
the
or
in
part,
magistrate
the
judge.”
findings
28
or
U.S.C.
If no timely objections have been made, the
Page Numbers refer to those provided by the Electronic Case
Filing System.
3
2
“court need only satisfy itself that there is no clear error on
the face of the record.”
606,
609-10
(S.D.N.Y.
Urena v. New York, 160 F. Supp. 2d
2001)
(internal
quotation
marks
and
citation omitted).
Here, no party objected to Judge Wall’s R&R.
The
Court finds his R&R to be correct, comprehensive, well-reasoned
and free of any clear error.
Accordingly, the Court ADOPTS it
in its entirety.
CONCLUSION
Judge Wall’s R&R is ADOPTED in its entirety.
Case
numbers 13-CV-5445 and 12-CV-1452 shall be consolidated and the
separate complaints shall be treated as one amended complaint.
The parties are directed to make all filings in the earliest
filed case, 12-CV-1452.
The
Court
certifies
that
pursuant
to
28
U.S.C.
§ 1915(a)(3) that any appeal from this Order would not be taken
in good faith and therefore in forma pauperis status is denied
for the purpose of any appeal.
See Coppedge v. United States,
369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
The Clerk of the Court is directed to mail a copy of
this Memorandum and Order to pro se Plaintiff and mark case
number 13-CV-5445 CLOSED.
SO ORDERED.
Dated: September 29 , 2014
Central Islip, New York
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
4
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