Dorsey v. Nowicki et al

Filing 29

MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 28 ) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Defendants motion to compel and for sanctions (Dkt. No. 22 ) is DENIED as moot; and it is further ORDERED that Plaintiff's Complaint (Dkt. No. 1 ) is DISMISSED with prejudice. The Clerks Office is directed to close this action. The Court hereby certifies, for purposes of 28 U.S.C. § 1915(a)(3), that any appeal taken from this Decision and Order would not be taken in good faith. Signed by Judge Glenn T. Suddaby on 6/29/2012. (ptm) (Copy served on plaintiff by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
THOMAS DORSEY,
Plaintiff,
9:10-CV-1196
(GTS/TWD)

v.
MR. JEFF NOWICKI, Chief of Mental Health
Services; DR. KASKIW, Facility Physician;
MS. CHARMAINE BILL, Treatment Team
Leader; MR. DONALD SCAGEL, Ward Nurse;
and MR. RYAN BRENNAN, S.C.T.A. Staff,
Defendants.
__________________________________________
APPEARANCES:

OF COUNSEL:

THOMAS DORSEY
Plaintiff, Pro Se
1363 Echo Lake Lane
Rocky Mount, North Carolina 27803
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Counsel for Defendants
The Capitol
Albany, New York 12224

DEAN J. HIGGINS, ESQ.
Assistant Attorney General

HON. GLENN T. SUDDABY, United States District Judge
MEMORANDUM-DECISION and ORDER
Currently before the Court, in this pro se prisoner civil rights action filed by Thomas
Dorsey (“Plaintiff”) against the five above-named correctional employees (“Defendants”), are
the following: (1) Defendants’ motion to compel Plaintiff’s attendance at his deposition and for
the imposition of monetary sanctions against Plaintiff for previously failing to appear for his
deposition, pursuant to Fed. R. Civ. P. 37(b)(2)(C) and 37(d)(3) (Dkt. No. 22); (2) Plaintiff’s
response to the motion, advising the Court that he no longer wishes to pursue this action (Dkt.

No. 25); and (3) United States Magistrate Judge Therese Wiley Dancks’ ReportRecommendation recommending that Defendants' motion be denied as moot and that Plaintiff’s
Complaint be dismissed in its entirety with prejudice (Dkt. No. 28). Plaintiff has not filed an
Objection to the Report-Recommendation, and the deadline to do so has expired. Based on a
clear-error review of the Report-Recommendation, the Court accepts and adopts the ReportRecommendation in its entirety for the reasons stated therein. See 28 U.S.C. § 636(b).
ACCORDINGLY, it is
ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 28) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendants’ motion to compel and for sanctions (Dkt. No. 22) is
DENIED as moot; and it is further
ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED with prejudice.
The Clerk’s Office is directed to close this action.
The Court hereby certifies, for purposes of 28 U.S.C. § 1915(a)(3), that any appeal taken
from this Decision and Order would not be taken in good faith.
Dated: June 29, 2012
Syracuse, New York

2