9:24-cv-00017•Akinlawon v. Mayo et al
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- 1 - UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________ AYOTUNJI AKINLAWON, Plaintiff, -v- 9:24-CV-17 (AJB/MJK) RYAN O’NEIL et al., Defendants. _____________________________________ APPEARANCES: OF COUNSEL: AYOTUNJI AKINLAWON Plaintiff, Pro Se 13-B-3238 Five Points Correctional Facility Caller Box 119 Romulus, NY 14541 HON. LETITIA JAMES SUSANNA M. KLOSE, ESQ. New York State Attorney General Assistant Attorney General Attorneys for Defendants The Capitol Albany, NY 12224 Hon. Anthony Brindisi, U.S. District Judge: ORDER ON REPORT & RECOMMENDATION On January 4, 2024, pro se plaintiff Ayotunji Akinlawon (“plaintiff”), an individual in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”), filed this 42 U.S.C. § 1983 action alleging that various defendants violated his civil rights while he was confined at Mid-State Correctional Facility in July of 2023. Dkt. No. 1. Along with his complaint, plaintiff moved for leave to proceed in forma pauperis (“IFP Application”). Dkt. Nos. 2, 3, 6, 7. Case 9:24-cv-00017-AJB-MJK Document 77 Filed 04/14/26 Page 1 of 3
- 2 - The case was initially assigned to U.S. District Judge David N. Hurd, who granted plain- tiff’s IFP Application, dismissed several of his claims, and concluded that plaintiff’s § 1983 claims for excessive force against defendants O’Neil and Doe #1 required a response. Dkt. No. 9. There- after, defendant O’Neil answered the remaining claims, Dkt. No. 15, and the parties attempted to conduct a period of fact discovery, see Dkt. Nos. 26, 31, 46, 57. The matter has since been reas- signed to this Court. Dkt. No. 39. At some point during this discovery period, plaintiff stated to opposing counsel—and later to the assigned magistrate judge—that he wanted to voluntarily dismiss this civil action. Dkt. Nos. 48, 64-5. Later, however, plaintiff changed his mind and requested to move forward with discov- ery. Dkt. No. 58. But plaintiff failed to appear for a re-noticed deposition set for October of 2025. Dkt. No. 64-12. Afterward, defendant’s counsel sought and received permission to file a motion to dismiss for failure to prosecute. Dkt. Nos. 62, 63, 64. Plaintiff sought and received an extension of time to oppose the motion. Dkt. Nos. 69, 71. The motion has since been fully briefed. Dkt. Nos. 72, 73, 74. On March 16, 2026, U.S. Magistrate Judge Mitchell J. Katz advised by Report & Recom- mendation (“R&R”) that defendant’s motion to dismiss be granted and that plaintiff’s complaint be dismissed with prejudice. Dkt. No. 75. There, Judge Katz recounted the salient procedural history, including the fact that plaintiff repeatedly sought to voluntarily discontinue this action and thereafter failed to participate in discovery, including his re-noticed deposition. Id. After weighing the relevant factors under Rule 41(b) and Rule 37, Judge Katz concluded that plaintiff’s complaint should be dismissed. Id. Case 9:24-cv-00017-AJB-MJK Document 77 Filed 04/14/26 Page 2 of 3
- 3 - Plaintiff has not lodged objections.1 The time period in which to do so has expired. See Dkt. No. 75. Upon review for clear error, Judge Katz’s R&R is accepted and will be adopted. See FED. R. C IV. P. 72(b). Therefore, it is ORDERED that 1. The Report & Recommendation (Dkt. No. 75) is ACCEPTED; 2. Defendant’s motion to dismiss (Dkt. No. 64) is GRANTED; and 3. Plaintiff’s complaint (Dkt. No. 1) is DISMISSED with prejudice. The Clerk of the Court is directed to terminate the pending motions, enter a judgment ac- cordingly, and close the file. IT IS SO ORDERED. Dated: April 14, 2026 Utica, New York. 1 After Judge Katz issued his R&R, plaintiff filed a “response” to defendant’s reply memorandum. Dkt. No. 76. Although this is technically an unpermitted sur-reply to defendant’s motion to dismiss, in light of plaintiff’s pro se status, and out of an abundance of caution, the Court has reviewed the filing and considered it in light of the R&R’s findings and conclusions. Even viewed in that light, plaintiff’s filing does not alter the analysis of the pending mo- tion or the outcome of the R&R. Case 9:24-cv-00017-AJB-MJK Document 77 Filed 04/14/26 Page 3 of 3
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