Opinion
14-CV-06197 (FB) (RML)
06-16-2015
ADAM CHANKO and BIBI CHANKO, Plaintiffs, v. DARLENE KOSSMAN, RICHARD SCHERNE, and CAROL SCHERNE, Defendants.
Appearances: For the Plaintiffs: ADAM CHANKO, Pro Se BIBI CHANKO, Pro Se 58-19 74th Street Queens, NY 11379 For the Defendants: WARREN S. DANK, ESQ. Warren S. Dank, Esq., P.C. 62 Belmont Circle Syosset, NY 11791
MEMORANDUM AND ORDER Appearances:
For the Plaintiffs:
ADAM CHANKO, Pro Se
BIBI CHANKO, Pro Se
58-19 74th Street
Queens, NY 11379
For the Defendants:
WARREN S. DANK, ESQ.
Warren S. Dank, Esq., P.C.
62 Belmont Circle
Syosset, NY 11791
BLOCK, Senior District Judge:
On May 27, 2015, Magistrate Judge Robert Levy issued a Report and Recommendation ("R&R") recommending that Plaintiff's case be dismissed for failure to prosecute. R&R at 2. The R&R further provided that failure to object within fourteen days would preclude appellate review. Id. To date, no objections have been filed.
If clear notice has been given of the consequences of the failure to object, and there are no objections, the Court may adopt the R&R without de novo review. See Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure to timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). The Court will excuse a failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). No such error appears here. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk of the Court to enter judgment in accordance with the R&R.
SO ORDERED.
/S/ Frederic Block
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
June 16, 2015