Borisovski v. City of Providence et al

Filing 30

ORDER granting 25 Motion for Summary Judgment; adopting 29 Report and Recommendations. So Ordered by Chief Judge William E. Smith on 4/5/2018. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
CITY OF PROVIDENCE; PROVIDENCE
)
PUBLIC LIBRARY; “JOHN” SAN ANTONIO,)
in his capacity as Patrolman;
)
STEVEN O’BRIEN, in his capacity as )
Security Guard,
)
)
Defendants.
)
___________________________________)
ALEXANDRE BORISOVSKI,

C.A. No. 16-309 WES

ORDER
WILLIAM E. SMITH, Chief Judge.
Before the Court is a Report and Recommendation (“R&R”) filed
on March 14, 2018 by Magistrate Judge Patricia A. Sullivan (ECF
No. 29), in which she recommends that the Court grant Defendant
City of Providence’s Motion for Summary Judgment (ECF No. 25).
After reviewing the relevant papers and the R&R, and having heard
no

objections,

the

Court

accepts

recommendations and reasoning.

the

R&R

and

adopts

its

Accordingly, Defendant City of

Providence’s Motion for Summary Judgment (ECF No. 25) is GRANTED.

Judgment shall enter in favor of Defendant City of Providence.
IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: April 5, 2018

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Case 1:16-cv-00309-WES-PAS Document 29 Filed 03/14/18 Page 1 of 2 PageID #: 142

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
ALEXANDRE BORISOVSKI,
Plaintiff,
v.
CITY OF PROVIDENCE,
PROVIDENCE PUBLIC LIBRARY,
“JOHN” SAN ANTONIO, in his
capacity as Patrolman,
STEVEN O’BRIEN, in his capacity
as Security Guard,
Defendants.

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:
:
:
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:
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:

C.A. No. 16-309WES

REPORT AND RECOMMENDATION
PATRICIA A. SULLIVAN, United States Magistrate Judge.
Pending before the Court is the motion for summary judgment of Defendant City of
Providence (ECF No. 25) based on Monell v. City of New York Department of Social Services,
436 U.S. 658, 691 (1978), as well as on the insufficiency in law and fact of Plaintiff’s claims
against it. Plaintiff’s opposition to the motion was due on February 14, 2018. When nothing
was filed, mindful of Plaintiff’s pro se status, the Court issued a show cause order, directing
Plaintiff to advise the Court in writing by March 30, 2018, why he failed to respond and whether
he opposes the motion. On March 12, 2018, Plaintiff complied, advising that he has resolved the
case with some defendants and does not intend to prosecute it against the remaining Defendants,
including the City of Providence. 1 The Court has reviewed the motion, which is supported by
the deposition of Plaintiff. Finding that the City of Providence has established that it is entitled

1

The Providence Public Library and Steven O’Brien were dismissed from the case on January 11, 2018. ECF No.
24. “Patrolman San Antonio” appears not to have been served; the case against him is dismissed if he is a party.

Case 1:16-cv-00309-WES-PAS Document 29 Filed 03/14/18 Page 2 of 2 PageID #: 143

to judgment pursuant to Fed. R. Civ. P. 56(e)(3), I recommend that the motion be granted and
that judgment enter in favor of the City of Providence.
Any objection to this report and recommendation must be specific and must be served
and filed with the Clerk of the Court within fourteen (14) days after its service on the objecting
party. See Fed. R. Civ. P. 72(b)(2); DRI LR Cv 72(d). Failure to file specific objections in a
timely manner constitutes waiver of the right to review by the district judge and the right to
appeal the Court’s decision. See United States v. Lugo Guerrero, 524 F.3d 5, 14 (1st Cir. 2008);
Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603, 605 (1st Cir. 1980).

/s/ Patricia A. Sullivan
PATRICIA A. SULLIVAN
United States Magistrate Judge
March 14, 2018

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