Calvin Reed v. P.O. Andre Logan, et al.

Background

Calvin Reed, proceeding without a lawyer, alleges that several New York State parole officers assaulted him without provocation on September 13, 2019. The opinion does not decide whether that alleged assault occurred or whether Reed’s claims are legally valid.

Report and Recommendation

The defendants moved to dismiss the action under Federal Rules of Civil Procedure 41(b) and 16(f), arguing that Reed had not pursued the case and had failed to comply with discovery and scheduling orders. Magistrate Judge Barbara C. Moses recommended that the motion be denied. The recommendation noted Reed’s alleged absence from multiple court conferences and delayed production of discovery.

The parties did not file objections within the applicable time limits. Although objections were waived, Judge Cronan reviewed the recommendation independently, found it well reasoned and supported, and adopted it in its entirety.

Ruling

The court denied the defendants’ motion to dismiss. The order did not resolve the underlying allegations or claims. It also stated that the denial should not be understood as approval of Reed’s conduct during the litigation.

The court warned Reed that continued failure to follow court orders could lead to sanctions, including dismissal of the action under Rule 41(b). This was a warning about a possible future action, not the disposition entered in this order. The defendants were ordered to file their summary-judgment motions within 30 days, and the Clerk was directed to terminate Docket Number 76.