Fann v. Graham et al

Filing 99

ORDER: ORDERED that plaintiff's demand for the personnel file of defendant Steinberg is DENIED, as nothing contained within that file is the proper subject of discovery pursuant to the Federal Rules of Civil Procedure. Signed by Magistrate Judge Christian F. Hummel on 10/5/16. (served on plaintiff by regular mail)(alh, )

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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 Plaintiff pro se 430 Main Street, Apt. 206 Dunkirk, New York 14048 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 August 16, 2016, this Court issued an order directing that the personnel file of defendant Gary Steinberg be produced for an in camera review. Dkt. No. 87. On September 29, 2016, defendants produced the personnel file of defendant Steinberg for an in camera review. Dkt. No. 98. Based on the Court’s in camera review of that file, it is hereby ORDERED that plaintiff’s demand for the personnel file of defendant Steinberg is DENIED, as nothing contained within that file is the 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: October 5, 2016 Albany, New York -2-

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