Davis et al v. New York City Department of Corrections et al
| Kevin Davis |
| Correction Officers Benevolent Assocation, Inc, Malia Greathouse, Heidi Grossman, Yomaira Kelley, Gregory Kuczinski, New York City Department of Corrections, New York City Department of Investigation, Becky Scott-Feaster, Jonelle Shivraj, Rajin Shivraj and Dina Simons |
| 1:2017cv03863 |
| June 23, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Margo K. Brodie |
| Civil Rights: Americans with Disabilities - Employment |
| 28:1331 Fed. Question: Employment Discrimination |
| Plaintiff |
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Filing
35
ORDER ADOPTING REPORT AND RECOMMENDATION: On 2/12/2018, Plaintiff filed an Amended Complaint. By Order dated 8/24/2018, the Court found that Plaintiff had plausibly alleged discrimination claims against the City and allowed those cla ims to proceed. On 4/19/2019, the City 26 moved to dismiss the 9 Amended Complaint for failure to prosecute. On 8/19/2019, Defendant again moved to 29 dismiss for failure to prosecute. On 11/22/2019, the Court referred the motions to M agistrate Judge Sanket J. Bulsara for a Report and Recommendation. By 33 Report & Recommendation (the "R&R") dated 12/3/2019, Judge Bulsara recommended that the Court grant the motions and dismiss the Amended Complaint with prejudic e for failure to abide by court orders and failure to prosecute. Neither party has objected to the R&R. The Court has reviewed the unopposed 33 R&R and, finding no clear error, adopts the R&R in its entirety pursuant to 28 U.S.C. § 636(b )(1). Accordingly, the Court grants Defendant's motions and dismisses this action with prejudice for failure to prosecute. The Clerk of Court is directed to close this case. The Clerk of Court is directed to close this case. SO ORDERED by Judge Margo K. Brodie, on 1/9/2020. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
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Filing
6
MEMORANDUM & ORDER: Plaintiff's 2 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted for the purpose of this decision. For the reasons discussed in the attached Memorandum and Order, the Complaint is dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B). In light of Plaintiff's pro se status, the Court grants Plaintiff thirty (30) days to amend the Complaint in order to state a claim upon which relie f can be granted against the City of New York. Plaintiff is reminded that an amended complaint completely replaces the original Complaint. The amended complaint must be captioned, "Amended Complaint," and shall bear the same docket numb er as this order. Plaintiff should also attach to any amended complaint a copy of the EEOC charge. No summons shall issue at this time, and all further proceedings shall be stayed for thirty (30) days. SO ORDERED by Judge Margo K. Brodie, on 11/22/2017. (Copy of this Order and the attached copies of all unreported cases cited herein sent to pro se Plaintiff.) (Latka-Mucha, Wieslawa)
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