Guerra v. Rhode Island Department of Corrections

Filing 19

ORDER granting 13 Motion for Sanctions; adopting 16 Report and Recommendations and dismissing case without prejudice. So Ordered by Chief Judge William E. Smith on 9/23/2016. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
RHODE ISLAND DEPARTMENT
)
OF CORRECTIONS,
)
)
Defendant.
)
___________________________________)
FERNANDO GUERRA,

C.A. No. 15-445 S PAS

ORDER
WILLIAM E. SMITH, Chief Judge.
On July 6, 2016, United States Magistrate Judge Patricia A.
Sullivan issued a Report and Recommendation (“R&R”) in this pro
se civil rights case.

(ECF No. 16.)

Magistrate Judge Sullivan

recommended that this Court grant the Rhode Island Department of
Corrections’ (“RIDOC”) Motion for Sanctions (ECF No. 13) and
dismiss this action because of Plaintiff’s continued failure to
respond
orders.

to

discovery

Plaintiff

requests

did

not

and

object

abide
to

the

by

numerous

R&R.

The

court
RIDOC

objected to Magistrate Judge Sullivan’s recommendation that the
case be dismissed without prejudice.

(ECF No. 17.)

According

to the RIDOC, Plaintiff’s failure to prosecute his case, even
after receiving multiple warnings that failing to do so would
result in dismissal, warrants dismissal with prejudice.

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While

the

RIDOC’s

objection

is

well

taken,

the

Court

nonetheless agrees on balance with Magistrate Judge Sullivan’s
recommendation; dismissal is a harsh sanction in and of itself,
and in deference to Plaintiff’s pro se status, dismissal without
prejudice is sanction enough in this instance.

Consequently,

the Court OVERRULES the objection and ACCEPTS the R&R pursuant
to 28 U.S.C. § 636(b)(1).

Plaintiff’s Complaint is DISMISSED

WITHOUT PREJUDICE.

IT IS SO ORDERED.

____________________
William E. Smith
Chief Judge
Date: September 23, 2016

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