Opinion
14-CV-1681 (WFK) (LB)
09-03-2014
DAVID SCHICHMAN individually and on behalf of all others similar situated, Plaintiff, v. TTN, LLC; BIOCENTICA, LLC; LOUIS DECAPRIO; SCOTT STANWOOD; TODD STANWOOD; JOHN DOES 1-10; and JANE DOES 1-10; Defendants,
ORDER
:
On August 13, 2014, United States Magistrate Judge Louis Bloom filed a Report and Recommendation recommending "that this action should be dismissed without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure." Dkt. 11 ("R&R"). The Report and Recommendation recounted that Judge Bloom "advised [P]laintiff that if he did not file proof of timely service by July 31, 2014, or show good cause why service had not been effected by July 11, 2014, the Court would dismiss this action without prejudice pursuant to Fed. R. Civ. P. 4(m)." Id. at 1. As of August 13, 2014, Plaintiff had neither filed proof of service nor shown good cause why service was not timely effected. Id.
Written objections to the Report and Recommendation were to be filed with this Court within fourteen days of Judge Bloom's order. Id. at 2; Fed. R. Civ. P. 72(b)(2). No objections were filed and the time to do so has passed.
The Court reviews a Report and Recommendation for clear error when no objections have been filed, see Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007) (Garaufis, J.), and we find no such error here. The Court therefore adopts the Report and Recommendation of Judge Bloom in its entirety.
This action is hereby DISMISSED pursuant to Fed. R. Civ. P. 4(m). The Clerk of the Court is respectfully directed to close this action.
SO ORDERED.
s/WFK
/s/_________
HON. WILLIAM F. KUNTZ, II.
United States District Judge
Dated: September 3, 2014
Brooklyn, New York