Conklin v. Bowen et al

Filing 46

ORDER: ORDERED Conklin's letter request seeking additional time to file objections (Dkt. No. 44 ) is DENIED. ORDERED that the R&R (Dkt. No. 41 ) is ADOPTED in its entirety. ORDERED that defendants' motion to dismiss for failure to pro secute or, alternatively, for sanctions (Dkt. No. 37 ) is GRANTED IN PART and DENIED IN PART as follows: GRANTED to the extent that Conklin shall pay defendants' counsel $450.00 within ninety (90) days from the date of this Order; and DENIED in all other respects. Signed by Senior Judge Gary L. Sharpe on 7/27/16. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
JOSHUA CONKLIN,
Plaintiff,

9:14-cv-1098
(GLS/CFH)

v.
SERGEANT M. BOWEN et al.,
Defendants.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PLAINTIFF:
Joshua Conklin
Pro Se
16-A-1104
Downstate Correctional Facility
Box F
Fishkill, NY 12524
FOR THE DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
The Capitol
Albany, NY 12224

JAMES SEAMAN
Assistant Attorney General

Gary L. Sharpe
Senior District Judge
ORDER
The above-captioned matter comes to this court following a ReportRecommendation and Order (R&R) by Magistrate Judge Christian F.

Hummel, duly filed on April 25, 2016. (Dkt. No. 41.) Following fourteen
days from the service thereof, the Clerk has sent the file, including any and
all objections filed by the parties herein.
In a letter dated May 20, 2016 and received May 26, 2016, plaintiff
pro se Joshua Conklin asked the court to “grant [him] some extra time”
presumably to file appropriate objections to the R&R. (Dkt. No. 44.) That
same letter fails to make any objection to the R&R itself, but offers some
reasons why he may be unable to pay the $450 sanction recommended by
Judge Hummel. (Id.)
Because of Conklin’s failure to update his address, the copy of the
R&R mailed to him by the court on April 25, 2016 was returned as
undeliverable. (Dkt. No. 42.) In response to the postal notification, the
court mailed the R&R to an address it obtained from the Department of
Corrections and Community Supervision website and sua sponte extended
the objection deadline. (Dkt. No. 43.) Conklin failed to submit any
objections within the new deadline, and, as such, the R&R is reviewed only
for clear error. See Almonte v. N.Y. State Div. of Parole, No. Civ.
904CV484GLS, 2006 WL 149049, at *3, *5 (N.D.N.Y. Jan.18, 2006). After
carefully reviewing the R&R for clear error and finding none, it is adopted in
2

its entirety.
Accordingly, it is hereby
ORDERED Conklin’s letter request seeking additional time to file
objections (Dkt. No. 44) is DENIED; and it is further
ORDERED that the R&R (Dkt. No. 41) is ADOPTED in its entirety;
and it is further
ORDERED that defendants’ motion to dismiss for failure to prosecute
or, alternatively, for sanctions (Dkt. No. 37) is GRANTED IN PART and
DENIED IN PART as follows:
GRANTED to the extent that Conklin shall pay defendants’
counsel $450.00 within ninety (90) days from the date of this
Order; and
DENIED in all other respects; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties
in accordance with the Local Rules.
IT IS SO ORDERED.
July 27, 2016
Albany, New York

3