Young v. Tryon et al

Filing 74

DECISION AND ORDER granting 68 Motion for Sanctions; adopting Report and Recommendations re 73 Report and Recommendations.. Signed by Hon. Charles J. Siragusa on 3/23/17. Copy of this order and the NEF mailed to pro se plaintiff at 1694 Madison Avenue, Apartment 12E, New York, NY 10029. (KAP)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
__________________________________________
ROGELIO YOUNG,
Plaintiff
DECISION and ORDER
12-CV-6251-CJS-MWP

-vsEDITH PICKENS,
Defendant
__________________________________________

Siragusa, J. This case was referred to Magistrate Judge Marion W. Payson
pursuant to 28 U.S.C. § 636(b)(1)(A), (B) and (C), on July 18, 2012, ECF No. 17.
Defendant moved for sanctions pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(iii),
(v) and (d), by Notice of Motion filed on July 22, 2016, ECF No. 68. The motion was served
by Defendant on Plaintiff at his address on Madison Avenue, New York City, which is on
file with the Court. Judge Payson issued a Report and Recommendation on March 2, 2017,
ECF No. 73, recommending that the case be dismissed with prejudice. The Clerk sent a
copy of the Report and Recommendation to Plaintiff at the same Madison Avenue address
on March 2, 2017. To date, Plaintiff has not filed any objection to Judge Payson’s
recommended disposition of the motion. Accordingly, the Court accepts Magistrate Judge
Payson’s Report and Recommendation. Therefore, Defendants’ motion for sanctions, ECF
No. 68, is granted and the Clerk is directed to enter judgment for Defendants.
IT IS SO ORDERED.
Dated: Rochester, New York
March 23, 2017
ENTER:
/s/ Charles J. Siragusa
CHARLES J. SIRAGUSA
United States District Judge