Opinion
20 CIVIL 9788 (VEC)
07-05-2022
EMERY MUKENDI WAFWANA & ASSOCIATES, P.C., and MOISE KAPANDA MUKENDI, as Executor for the Estate of Emery Mukendi Wafwana, Plaintiffs, v. DANIEL MENGARA, ELITE LAW FIRM, SCP, and EUGENIE ELANGA MONKANGO, Defendants, and EMERY MUKENDI WAFWANA & ASSOCIES, SCP, Defendant Intervenor.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated June 30, 2022, the R&R is adopted in full, Defendant's motion to dismiss is granted, and this case is DISMISSED without prejudice. Because the R&R gave the parties adequate warning, see Dkt.124 at 20, the failure to object to the R&R precludes appellate review of this decision, 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 timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision.”). Because appellate review is precluded, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the Order would not be taken in good faith, and, therefore, permission to proceed in forma pauperis for purposes of appeal is denied.