Fann v. Graham et al

Filing 88

ORDER: ORDERED that plaintiff's request for the personnel files of defendants Graham, Ederer, Cornell, Lovejoy, Thomas, and Schramm is DENIED, as nothing contained within those files is a proper subject of discovery pursuant to the Federal Rules of Civil Procedure. Signed by Magistrate Judge Christian F. Hummel on 8/16/16. (served on plaintiff by regular mail)(alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

JERMAINE FANN,
Plaintiff,
v.

No. 15-CV-1339
(DNH/CFH)

H. GRAHAM, Superintendent, Auburn
Correctional Facility, et al.,
Defendants.

CHRISTIAN F. HUMMEL
U.S. MAGISTRATE JUDGE

APPEARANCES:

OF COUNSEL:

Jermaine Fann
08-B-2345
Auburn Correctional Facility
P.O. Box 618
Auburn, New York 13021
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
The Capitol
Albany, New York 12224-0341
Attorney for Defendants

WILLIAM A. SCOTT, ESQ.
Assistant Attorney General
NICOLE E. HAIMSON, ESQ.
Assistant Attorney General

ORDER
On July 12, 2016, a conference was conducted on-the-record with plaintiff and
counsel for defendants. Dkt. Entry dated July 12, 2016. During that conference, the Court
directed that defendants provide the Court with defendants’ personnel files for in camera
review. An order was issued directing defendants to provide the personnel files within
thirty days from the issuance of that order. Dkt. No. 62.

On August 5, 2016, defendants produced the personnel files of defendants
Graham, Ederer, Cornell, Lovejoy, Thomas, and Schramm for in camera review. Based
on the Court’s in camera review of the submitted files, it is hereby
ORDERED that plaintiff’s request for the personnel files of defendants Graham,
Ederer, Cornell, Lovejoy, Thomas, and Schramm is DENIED, as nothing contained within
those files is a proper subject of discovery pursuant to the Federal Rules of Civil
Procedure; and it is further
ORDERED that the Clerk of the Court serve copies of this order on the parties in
accordance with the Local Rules.
IT IS SO ORDERED.

Dated:

August 16, 2016
Albany, New York