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