Henry v. Davis et al

Filing 99

OPINION & ORDER adopting 97 Report and Recommendation, denying re: 83 MOTION to Dismiss for Lack of Prosecution filed by C.O. Miller, Lorenzo Colangelo, Joseph Grasso. Pro se plaintiff Christopher Henry brings this action under 42 U.S.C. § 1983 alleging that several correctional officers at Rikers Island ("C.O. Miller, C.O. Grasso, and C.O. Colangelo") physically assaulted and injured him. Defendants have moved to dismiss Henry's Amended Complaint for failure to prosecute, failure to comply with a discovery order, and for improperly alleging the location of the alleged altercation that gave rise to Henry's lawsuit. Before the Court is the August 26, 2016 Report and Recommendat ion of the Hon. Henry Pitman, United States Magistrate Judge, recommending that the Court deny defendants' motion to dismiss. Dkt. 97 ("Report"); the Court adopts this recommendation. For the foregoing reasons, the Court denies defendants' motion to dismiss Henry's Second Amended Complaint. The Court hereby imposes a sanction on Henry, in the amount of $1,000, payable to defendants' counsel, and to be offset from any recovery that Henry might achieve in this action in the event that he is unable to pay. The Court further directs defendants to re-serve their discovery requests and release for medical records on Henry by certified mail, return receipt requested, with the understanding t hat Henry's failure to respond within thirty days of receipt will result in the dismissal of his claims with prejudice. The Court directs the Clerk to mail a copy of this decision to plaintiff at the address on file. (As further set forth in this Opinion & Order.) (Signed by Judge Paul A. Engelmayer on 9/15/2016) (mro)