Opinion
11 Civ. 02123 (AJN)
12-21-2012
ROGELIO ROSA, Plaintiff, v. ROSEN PARAMOUNT GLASS CO., INC. AND STANLEY ROSEN, Defendants.
ORDER
ALISON J. NATHAN, District Judge:
On October 12, 2012, the magistrate judge to whom this case has been referred for general pretrial management issued a report and recommendation that the case be dismissed for failure to prosecute. In short, the magistrate judge set a September 14, 2012, date by which Plaintiff was to appear by new counsel or appear pro se. Plaintiff has done neither and, indeed, has not responded in any way to the report and recommendation that the case be dismissed for failure to prosecute under Rule 41(b). See Harding v. Goord, 135 Fed. Appx. 488, at *2 (2d Cir, 2005) (noting that, although explicitly authorized by the text of the rule, district courts have the authority to dismiss cases sua sponte for failure to prosecute under Rule 41(b)). The Court therefore adopts the report and recommendation. This case is dismissed for failure to prosecute. Dated: December 21, 2012
New York, New York
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ALISON J. NATHAN
United States District Judge