Burroughs v. Mitchell et al

Filing 33

DECISION AND ORDER: The # 32 Report-Recommendation is accepted in whole. It is ORDERED that Defendants' # 31 motion to dismiss for failure to prosecute and as a discovery sanction is GRANTED; Plaintiff's # 1 Complaint is DISMISSED WITH PREJUDICE; and The Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 9/30/2019. (Copy served via regular and certified mail)(meb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------LORCEN BURROUGHS,
Plaintiff,
-v-

9:18-CV-679
(DNH/ATB)

WOODS, Sergeant, Clinton Correctional Facility;
SHATTUCK, Corrections Sergeant, Upstate
Correctional Facility; JANE DOE #3, Nurse,
Upstate Correctional Facility; JOHN DOE #4,
NYS Police Investigator; JOHN/JANE DOE #5,
Corrections Officer, Emergency Response
Younger Officer; JOHN DOE #6, Corrections
Officer, Emergency Response Older Officer; and
JOHN DOE #7, Investigator, Office of Special
Investigations,

Defendants.
-------------------------------APPEARANCES:
LORCEN BURROUGHS
Plaintiff pro se
811 Carter Street
Rochester, NY 14621
HON. LETITIA JAMES
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224
DAVID N. HURD
United States District Judge

KONSTANDINOS D. LERIS, ESQ.
Ass't Attorney General

DECISION and ORDER
Pro se plaintiff Lorcen Burroughs brought this civil rights action pursuant to 42
U.S.C. § 1983. On September 3, 2019, the Honorable Andrew T. Baxter, United States
Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss
for failure to prosecute and as a discovery sanction be granted, and that plaintiff’s
Complaint be dismissed in its entirety. No objections to the Report-Recommendation have
been filed.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. Defendants' motion to dismiss for failure to prosecute and as a discovery
sanction is GRANTED;
2. Plaintiff's Complaint is DISMISSED WITH PREJUDICE; and
3. The Clerk is directed to enter judgment accordingly and close the file.

Dated: September 30, 2019
Utica, New York.

-2-