Houston v. DOCCS Five Points C.F. et al

Filing 123

DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's 122 Report and Recommendation. For the reasons set forth in Judge Roemer's Report and Recommendation, the case is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b) . The Clerk of Court shall take all steps necessary to close the case. A copy of the Decision and Order along with this entry will be mailed to pro se plaintiff. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/18/2020. (LAS)-CLERK TO FOLLOW UP-

Case 1:14-cv-00482-RJA-MJR Document 123 Filed 05/18/20 Page 1 of 2

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

HOUSTON DOUGLAS,
Plaintiff,
DECISION AND ORDER
14-CV-482-A

v.
SERGEANT PATCHEN, et al.,
Defendants.

This pro se civil rights case was referred to Magistrate Judge Michael J. Roemer
pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On or about
October 3, 2019, plaintiff Douglas was deported from the United States to Jamaica,
West Indies. Dkt. 115, ¶¶ 13-16. On April 17, 2020, Magistrate Judge Roemer filed a
Report and Recommendation (Dkt. No. 122), recommending that the case be dismissed
with prejudice pursuant to Fed. R. Civ. P. 41(b) because plaintiff did not comply with an
Order to Show Cause (Dkt. No. 117) addressing plaintiff’s inability to prosecute the case
after his deportation.
No objection to the Report and Recommendation has been filed. Upon review of
the Report and Recommendation and the underlying record, it is hereby
ORDERED, pursuant to 28 U.S.C. § 636(b)(1), for the reasons set forth in the
Report and Recommendation (Dkt. No. 122), and because plaintiff Douglas did not
show any progress toward being able to prosecute the case, see Dkt, Nos. 118-120,
and did not seek additional time from the Court to do so, the case is dismissed with
prejudice pursuant to Fed. R. Civ. P. 41(b). The Court carefully considered whether a

Case 1:14-cv-00482-RJA-MJR Document 123 Filed 05/18/20 Page 2 of 2

lesser sanction would adequately address plaintiff’s conduct. The record of the
proceedings before the Magistrate Judge show appropriate solicitude was extended to
plaintiff, including specifically that reasonable efforts were made by the Magistrate
Judge to permit the defendant to attempt to arrange to prosecute the case. But plaintiff
neither addressed his inability to prosecute the case after his deportation in response to
the Order to Show Cause nor sought additional time to do so. Further, plaintiff neither
filed any objection to the Report and Recommendation that specifically recommends
that dismissal of the case be with prejudice nor sought additional time to do so. In light
of these circumstances, the Court dismisses the action with prejudice. It is finally
ORDERED, that the Clerk shall enter Judgment in favor of defendants Sergeant
Patchen, Officer O'Hara, Officer Hatch, Officer Gates, and Officer Fiddett, and shall
close the case.
IT IS SO ORDERED.
s/Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: May 18, 2020