Summary
imposing the sanction of dismissal for the plaintiff's failure to list his full litigation history
Summary of this case from Flemming v. SantamoreOpinion
9:11-CV-1018 (DNH/DEP)
03-28-2014
ANDRE DOLBERRY, Plaintiff, v. CORRECTION OFFICER JAKOB, et al., Defendants.
ANDRE DOLBERRY, Pro Se 14-A-1111 Downstate Correctional Facility Box F HON. ERIC T. SCHNEIDERMAN New York State Attorney General Attorney for Defendants OF COUNSEL: ADELE TAYLOR-SCOTT, ESQ. Ass't Attorney General
APPEARANCES: ANDRE DOLBERRY, Pro Se
14-A-1111
Downstate Correctional Facility
Box F
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
Attorney for Defendants
OF COUNSEL: ADELE TAYLOR-SCOTT, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Andre Dolberry, who is also sometimes known as Andre Duberry, brought this action pursuant to 42 U.S.C. § 1983. On February 28, 2014, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's motion for summary judgment be denied, and that plaintiff's complaint in this action be dismissed based upon his material misrepresentation to the court, under oath, that he has not brought any prior actions relating to his imprisonment. Plaintiff timely filed objections to the Report-Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. Plaintiff's motion for summary judgment is DENIED;
2. Plaintiff's complaint is DISMISSED in its entirety based upon his material misrepresentations to the court and abuse of the litigation process; and
3. Defendants' motion for summary judgment is DENIED as moot.
The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules.
IT IS SO ORDERED. Dated: March 28, 2014
Utica, New York.
__________________________
Untied States District Judge