Williams v. Correctional Officers

Filing 86

DECISION AND ORDER: ORDERED that Chief Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 84 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion to dismiss Plaintiff's Amended Complaint for failur e to comply with discovery pursuant to Fed. R. Civ. P. 37 and 41 (Dkt. No. 81 ) is DENIED without prejudice. ORDERED that Plaintiff shall appear for, and shall participate in, a properly noticed deposition. Plaintiff is warned that, in the event that he fails to comply with the above-stated directive, his action shall be DISMISSED. Signed by Chief Judge Glenn T. Suddaby on 10/25/17. {order served via regular mail and certified mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
____________________________________________
RANDY WILLIAMS,
Plaintiff,
9:13-CV-0582
(GTS/DEP)

v.
LANCE LaROCK, Corr. Officer, in His Individual
and Official Capacity; JASON MARLOW, Corr.
Officer, in His Individual and Official Capacity; and
JASON FERRICK, Corr. Officer, in His Individual
and Official Capacity,
Defendants.
____________________________________________
APPEARANCES:

OF COUNSEL:

RANDY WILLIAMS
Plaintiff, Pro Se
481 Madison Street
Brooklyn, New York 11221
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
The Capitol
Albany, New York 12224

RICHARD LOMBARDO, ESQ.
Assistant Attorney General

GLENN T. SUDDABY, Chief United States District Judge
DECISION and ORDER
Currently before the Court, in the above-captioned prisoner civil rights action filed by
Randy Williams (“Plaintiff”) against the three above-captioned employees of the New York
State Department of Corrections and Community Supervision (“Defendants”), is Chief United
States Magistrate Judge David E. Peebles’ Report-Recommendation recommending that
Defendants’ motion to dismiss Plaintiff’s Amended Complaint for failure to comply with
discovery pursuant to Fed. R. Civ. P. 37 and 41 be denied without prejudice, that Plaintiff be

directed to appear for a properly noticed deposition, and that Plaintiff be warned that, in the
event he fails to comply with that directive, his action will be dismissed. (Dkt. Nos. 81, 84.) No
party has filed an objection to the Report-Recommendation and the time in which to do so has
expired. (See generally Docket Sheet.) Based upon a careful review of this matter, the Court
can find no clear error in Chief Magistrate Judge Peebles’ Report-Recommendation.1 Chief
Magistrate Judge Peebles employed the proper standards, accurately recited the facts, and
reasonably applied the law to those facts. (Dkt. No. 84.) As a result, the ReportRecommendation is accepted and adopted in its entirety for the reasons stated therein. (Id.)
ACCORDINGLY, it is
ORDERED that Chief Magistrate Judge Peebles’ Report-Recommendation (Dkt. No. 84)
is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Defendants’ motion to dismiss Plaintiff’s Amended Complaint for
failure to comply with discovery pursuant to Fed. R. Civ. P. 37 and 41 (Dkt. No. 81) is DENIED
without prejudice; and it is further
ORDERED that Plaintiff shall appear for, and shall participate in, a properly noticed
deposition.

1

When no objection is made to a report-recommendation, the Court subjects that
report-recommendation to only a “clear error” review. Fed. R. Civ. P. 72(b), Advisory
Committee Notes: 1983 Addition. When performing such a clear error review, “the court need
only satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1
(S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am permitted to adopt those sections of [a
magistrate judge’s] report to which no specific objection is made, so long as those sections are
not facially erroneous.”) (internal quotation marks omitted).
2

Plaintiff is warned that, in the event that he fails to comply with the above-stated
directive, his action shall be DISMISSED.
Dated: October 25, 2017
Syracuse, New York
____________________________________
HON. GLENN T. SUDDABY
United States District Judge

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