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Alomar v. Recard

United States District Court, S.D. New York
Feb 8, 2010
07-CV-5654 (CS) (PED) (S.D.N.Y. Feb. 8, 2010)

Summary

concluding that "[i]t is not an efficient use of the Court's . . . resources to permit this case to languish on the docket in the hope that plaintiff will reappear in the future"

Summary of this case from Crenshaw v. McNamara

Opinion

07-CV-5654 (CS) (PED).

February 8, 2010

Madinah Alomar, Plaintiff Pro Se.

Alex J. Smith, Middletown, New York, Counsel for Defendants.


MEMORANDUM DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATION


Before the Court is the Report and Recommendation ("R R") dated December 16, 2009, of Magistrate Judge Paul E. Davison in this action. (Doc. 24.)

A district court reviewing a magistrate judge's R R "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). Parties may raise objections to the R R, but they must be "specific" and "written," and submitted "[w]ithin 10 days after being served with a copy of the recommended disposition." Fed.R.Civ.P. 72(b)(2); see also 28 U.S.C. § 636(b)(1)(C). The district court may adopt those portions of the R R to which no timely objections have been made, provided no clear error is apparent from the face of the record. See Lewis v. Zon, 573 F. Supp. 2d 804, 811 (S.D.N.Y. 2008); Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985); Fed.R.Civ.P. 72 advisory committee's note (b).

Plaintiff's time to object to the R R has run and she has filed no objections. I discern from the face of the record no clear error in the recommendation of the R R, and accordingly it is adopted as the decision of the Court. The Motion to Dismiss is granted, and the Clerk of the Court is respectfully directed to terminate the pending motion (Doc. 23), and close the case.

SO ORDERED.


Summaries of

Alomar v. Recard

United States District Court, S.D. New York
Feb 8, 2010
07-CV-5654 (CS) (PED) (S.D.N.Y. Feb. 8, 2010)

concluding that "[i]t is not an efficient use of the Court's . . . resources to permit this case to languish on the docket in the hope that plaintiff will reappear in the future"

Summary of this case from Crenshaw v. McNamara

dismissing complaint pursuant to Rule 41(b), noting that "[t]he duty to inform the Court and defendants of any change of address is an obligation that rests with all pro se plaintiffs"

Summary of this case from Christian v. Sposato
Case details for

Alomar v. Recard

Case Details

Full title:MADINAH ALOMAR, Plaintiff, v. FNU RECARD, JASON JENNINGS, FNU Johnson, and…

Court:United States District Court, S.D. New York

Date published: Feb 8, 2010

Citations

07-CV-5654 (CS) (PED) (S.D.N.Y. Feb. 8, 2010)

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